Sang v. City of St. Paul, CIV.09455RHKSRN, 2010 WL 2346600, at *4 (D. Minn. June 8, 2010) (“Viewing the facts in the light most favorable to Sang, she was arrested after merely being present at a hostile protest scene in close proximity to officer activity. Such behavior alone is not arguable criminal activity, nor do Defendants assert that it is. In fact, the Eighth Circuit has held that no arguable probable cause exists when an arrestee merely observes police activity.”).