Q. So is it true that the CHP does not, as policy, does not consider whether or not the individual has actual knowledge of a determination of noncompliance before they would cite?

A. As policy, no.

Q. Is it true that, as policy, the CHP does not make a determination on whether the consumer has actual knowledge of any nonconformity with the helmet, whether it's a determination or any other criteria that would make the helmet not legal?

A. There's nothing in our policy that addresses that.

Q. So the officer can stop, detain and cite an individual who has no actual knowledge of a determination of noncompliance even though they're wearing a helmet with a manufacturer's certification; is that correct?

A. That's correct.

Id. at 619-20. Two of the plaintiffs claim that they were cited after the Bianco decision without regard to their knowledge of their helmet's non- compliance. [FN9] Because an officer is required to have probable cause to believe that a motorcyclist wearing a helmet that was certified by the manufacturer at the time of purchase has actual knowledge of the helmet's non- compliance with Standard 218, an officer who relies on CHP policy and his own discretion is not acting as a "prudent person" relying on "trustworthy information," Allen, 73 F.3d at 237, if he completely disregards the motorcyclist's knowledge or lack thereof. Thus, the CHP policy as it is carried out by CHP officers and other affiliated law enforcement agencies violates the Fourth Amendment. The finding that there are ongoing violations of the Fourth Amendment, however, does not require that an injunction be issued to halt the conduct, absent a likelihood of substantial and immediate irreparable injury and the inadequacy of remedies at law. "[P]rinciples of equity, comity, and federalism ... should inform the judgment of federal courts when asked to oversee state law enforcement authorities." Lyons, 461 U.S. at 112, 103 S.Ct. at 1670; see also O'Shea, 414 U.S. at 499, 94 S.Ct. at 678.

"[O]ur review of the injunction must be more rigorous when we review an injunction against a state as opposed to a federal agency, since the Supreme Court requires a showing of an intentional and pervasive pattern of misconduct in order to enjoin a state agency." Thomas v. County of Los Angeles, 978 F.2d 504, 508 (9th Cir.1993) (citing Rizzo v. Goode, 423 U.S. 362, 375, 96 S.Ct. 598, 606, 46 L.Ed.2d 561 (1976)). Such a pervasive pattern of misconduct can be demonstrated by showing "that the police misconduct flowed from a policy [or] plan" of the CHP. Thomas, 978 F.2d at 509; see also Lyons, 461 U.S. at 106, 103 S.Ct. at 1667 (holding that Lyons could have established a case-or- controversy for injunctive relief if he asserted "that the City ordered or authorized police officers" to impose chokeholds on suspects). "Specific findings of a persistent pattern of misconduct supported by a fully defined record can support broad injunctive relief." Thomas, 978 F.2d at 509.

*14 While we are dealing with a relatively small number of citations of only fourteen individual plaintiffs in this case, the citations have been the result of a clear CHP citation policy in violation of the Fourth Amendment, which has continued despite the Bianco court's limiting interpretation of the helmet law. CHP argues that none of the motorcyclists is threatened with irreparable injury because the Fourth Amendment lack-of-probable-cause defense would be available at their trials on potential traffic citations. Because the Fourth Amendment establishes "[t]he right of the people to be secure in their persons ... against unreasonable searches and seizures," however, the wrong that the Fourth Amendment is designed to prevent is completed when a motorcyclist is cited without probable cause. See United States v. Calandra, 414 U.S. 338, 354, 94 S.Ct. 613, 623, 38 L.Ed.2d 561 (1974) ("The purpose of the Fourth Amendment is to prevent unreasonable governmental intrusions into the privacy of one's person, house, papers, or effects. The wrong condemned is the unjustified governmental invasion of these areas of an individual's life. That wrong ... is fully accomplished by the original search without probable cause."); Covino v. Patrissi, 967 F.2d 73, 77 (2d Cir.1992) (holding that "given the fundamental right involved, namely, the right to be free from unreasonable searches" the plaintiff had sufficiently shown likelihood of irreparable harm for preliminary injunction purposes); Cerro Metal Prods. v. Marshall, 620 F.2d 964, 974 (3d Cir.1980) (holding that "an [OSHA] inspection violating the Fourth Amendment would constitute irreparable injury for which injunctive relief would be appropriate").

Indeed, this circuit has upheld injunctions against pervasive violations of the Fourth Amendment. In Conner v. City of Santa Ana, 897 F.2d 1487 (9th Cir.), cert. denied, 490 U.S. 816, 111 S.Ct. 59, 112 L.Ed.2d 34 (1990), we affirmed the district court's grant of an injunction against the City of Santa Ana to prevent it from entering Conner's property without a warrant to remove old, inoperable automobiles, without questioning whether such a violation of the Conner's Fourth Amendment rights would result in irreparable harm. Id. at 1493-94. In International Molders' and Allied Workers' Local Union No. 164 v. Nelson, 799 F.2d 547, 551 (9th Cir.1986), we affirmed the district court's finding that absent an injunction, a labor union, five employers, and nine employees of Hispanic ancestry would suffer irreparable harm from INS searches and arrests at factories that violated the Fourth Amendment. See also Zepeda v. INS, 753 F.2d 719, 727 (9th Cir.1983) (American citizens of Mexican descent and Mexican citizens legally in the United States who were subjected to searches of their residences without consent, and detention without reasonable suspicion that they were illegal aliens, were entitled to a preliminary injunction against the INS where they had "demonstrated a possibility or irreparable injury by showing violations of their constitutional rights which, if proven at trial, could not be compensated adequately by money damages"); LaDuke, 762 F.2d at 1330 (enjoining INS searches of houses in violation of Fourth Amendment was appropriate where INS did not argue that legal relief would adequately compensate victims and there was a high likelihood of continued violations in the absence of an injunction). Likewise, in light of the CHP's clear policy for helmet law enforcement that violates the Fourth Amendment when used to cite motorcyclists without knowledge of their certified helmet's non-compliance with federal standards, an injunction is appropriate here.

*15 The injunction's limitations on the CHP's actions against all motorcyclists, instead of an injunction that merely restricts the CHP's citation of the named plaintiffs, is appropriate in this case. While injunctive relief generally should be limited to apply only to named plaintiffs where there is no class certification, see generally Zepeda, 753 F.2d at 727-28 & n. 1, "an injunction is not necessarily made overbroad by extending benefit or protection to persons other than prevailing parties in the lawsuit- even if it is not a class action-if such breadth is necessary to give prevailing parties the relief to which they are entitled." Bresgal v. Brock, 843 F.2d 1163, 1170-71 (9th Cir.1987) (emphasis in original).

While there are only fourteen named plaintiffs in this case, spread among San Diego, Orange, Los Angeles, and Ventura counties, and an unknown number of members of Easyriders, an injunction against the CHP statewide is appropriate. Because the CHP policy regarding helmets is formulated on a statewide level, other law enforcement agencies follow the CHP's policy, and it is unlikely that law enforcement officials who were not restricted by an injunction governing their treatment of all motorcyclists would inquire before citation into whether a motorcyclist was among the named plaintiffs or a member of Easyriders, the plaintiffs would not receive the complete relief to which they are entitled without statewide application of the injunction. Requiring CHP to have probable cause regarding a motorcyclist's actual knowledge of non-conformity does not prevent the CHP from enforcing the law. The CHP could increase its efforts to inform the public of what specific helmets do not comply with Standard 218. Because we vacate the first portion of the injunction, the CHP may stop motorcyclists based on the appearance of their helmets.

If the officer discovers that a helmet has been determined not to comply with DOT standards but does not have probable cause to believe that the motorcyclist knows of the non-compliance, he could give a written warning to the motorcyclist that the helmet does not comply, and CHP could keep a record of such warnings. If the motorcyclist is stopped again, by the same or a different officer, this notice, or other information indicating that the individual motorcyclist knew about the helmet's non-compliance, could satisfy the probable cause of actual knowledge requirement. [FN10]

Our articulation of these possible courses of action in no way implies that such efforts on the part of the CHP are necessary or would in all circumstances be sufficient to give motorcyclist's actual knowledge of a helmet's non-compliance with Standard 218, but rather to demonstrate that the second half of the injunction imposed by the district court is not so burdensome as Hannigan would suggest. Because the injunction will only remain in effect until the CHP makes appropriate amendments to its enforcement policy or the legislature or state courts modify the helmet law, see Easyriders, 887 F.Supp. at 246, the injunction will not involved extended, undue supervision of a state law enforcement agency by the district court.

*16 Given CHP's clear policy of ticketing motorcyclists with non-complying helmets based on officers' discretion and without regard to the motorcyclists' knowledge of non-compliance, and given the irreparable harm from Fourth Amendment violations that cannot be adequately compensated at law, the second half of the district court's injunction, requiring the CHP to have probable cause to believe that the motorcyclists wearing helmets that were certified at the time of purchase have actual knowledge of the helmet's non-compliance with Standard 218, was appropriate in this case. Because the Fourth Amendment violations were a result of a CHP citation policy followed by other law enforcement entities in California, the scope of the injunction is necessary to afford the plaintiffs the relief to which they are entitled.


We DISMISS Easyriders' appeal of the district court's holding that the helmet law, as interpreted by the California Courts, is not void for vagueness.

We VACATE the portion of the district court's injunction that restricts the CHP's stopping of motorcyclists whom it suspects are violating the helmet law.

We AFFIRM the portion of the district court's injunction that requires the CHP to have probable cause that the helmet law has been violated before citing motorcyclists for violating the law.

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