Can a person be arrested just for being a member of a criminal gang?

On May 17, 2015, a shootout between rival biker gangs occurred at Twin Peaks in Waco, Texas. At least 177 bikers were arrested that day and charged with Engaging in Organized Criminal Activity.

9 dead, dozens injured in biker gang shooting at local restaurant

Organized crime charges filed against 170 motorcycle gang members after Texas shootout

Waco Biker Brawl: Man Charged After Deadly Shooting Calls Arrests ‘a Sham”

Probable cause is determined by facts and circumstances which would cause a reasonable person to believe a crime has been committed and that a particular person committed that crime.

1. Based on the interview with the couple in the story above, do you believe probable existed for their arrest?

2. Can a person be arrested just for being a member of a criminal gang? Is membership in a criminal gang alone probable cause for an arrest?

3. Is presence at a crime scene alone probable cause for an arrest?

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