192492P.pdf   01/05/2021  Daniel Robbins  v.  City of Des Moines
   U.S. Court of Appeals Case No:  19-2492
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Erickson, Author, with Loken and Shepherd, Circuit Judges] 
   Civil case - Civil rights. Plaintiff's actions in filming the entrance to 
   the police station and engaging in confrontational behavior went beyond 
   any constitutionally protected recording activity; defendants' actions, 
   when combined with the defendant police officers' knowledge of vehicles 
   being vandalized and stolen in the area and their personal knowledge that 
   a previous filming incident led to the murder of two officers, could cause 
   an objectively reasonable person in the officers' position to suspect 
   plaintiff was up to more than simply recording police; the court cannot 
   say the officers' conduct was objectively unreasonable under clearly 
   established law, nor in violation of the First Amendment; defendants are 
   entitled to qualified immunity for the Terry stop they made because they 
   had at least arguable reasonable suspicion given their knowledge of past 
   incidents and plaintiff's evasive and uncooperative behavior; however, the 
   officers lacked probable cause for plaintiff's arrest and they are not 
   entitled to qualified immunity on his claim for false arrest; under the 
   facts of the case, the government interests did not outweigh plaintiff's 
   possessory interest in his phone and camera; the warrantless seizure of 
   the items violated plaintiff's clearly established right to be free of 
   unreasonable seizures of his property, and the officers were not entitled 
   to qualified immunity on this claim; no recognizable Monell claim exists 
   as the evidence is insufficient to show the kind of deliberate 
   indifference needed to establish liability.