Police Practices

"If the government becomes a law-breaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy."
-- Louis Brandeis,
U.S. Supreme Court Justice,
Olmstead v. United States (1928)

Police have the vital and difficult job of protecting public safety. Performing this job effectively does not require sacrificing civil liberties or civil rights. All Oregon police agencies, from the state patrol to city police forces, need to respect the rights of individuals while enforcing the law. And when misconduct occurs, there must be policies and mechanisms for holding police accountable for their actions.

ACLU is also working to eliminate racial and ethnic profiling in police practices that have a disproportionate impact on individuals merely because of their race, color, national origin or religion.

For more information on your rights when stopped by the police, please feel free to download our Your Rights in Oregon card (under Related Documents).

Litigation

ACLU Challenges Use of Disorderly Conduct Law Against Protester

rights of protesters imageApril 18, 2016 - Attorneys on behalf of the American Civil Liberties Union of Oregon filed a friend of the court brief in the trial of Teressa Raiford in support of her free speech rights. In August 2015, Teressa Raiford was arrested and booked on charges of disorderly conduct stemming from a protest in Portland that marked the one-year anniversary of the killing of Michael Brown. The brief urges the court to consider the legislative intent behind the disorderly conduct statute. 

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Oregon Anti-Bush Protesters Granted Class Status in ACLU Suit

Click Here to Read an Important Notice for People Involved in the 2004 Jacksonville Demonstration

Jacksonville Protesters’ Case Moves Forward After a Disappointing Supreme Court Ruling

November 30, 2015 - A group of protesters in southern Oregon, who are suing local police for excessive force and unlawful arrest, have been granted class action status for some of the claims in their lawsuit. The protesters, who in 2004 were ordered to leave an area where then-president George W. Bush was having dinner in Jacksonville, Oregon, have fought for years to have their claims heard in court.

In October 2004, U.S. Secret Service agents directed state and local police in Jacksonville to move an anti-Bush picket line of more than 250 peaceful demonstrators while allowing a group of pro-Bush demonstrators to remain in the same area undisturbed. The police effort turned violent as the officers clad in riot gear used batons, "less-lethal" munitions, and chemical agents to move the multigenerational group of anti-Bush demonstrators. The ACLU of Oregon filed a federal lawsuit against the Secret Service as well as state and local police agencies, and the individual agents and officers, seeking damages and an injunction against such governmental abuse in the future.

“The police took things too far when they pushed protesters and used pepper spray and batons on the group that included families with young children,”  said Steven Wilker, a lawyer with the Portland-based Tonkon Torp law firm who represents the protestors pro bono on behalf of the ACLU of Oregon.

The protesters have yet to have their case heard in court because the Secret Service, claiming qualified immunity, moved to have the case against them dismissed.

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Legislation

VICTORY! The Right to Film the Police Bill Passes the Oregon Legislature

The Oregon legislature has made it clear the public has the right to openly record police by passing HB 2704. It is now headed to the Governor’s desk.

June 16, 2015 - Victory - Right to Film the Police bill passesBystander video of police encounters can be very powerful, as recent events have shown. We can all agree it should not be a crime to pull out a phone, hold it up, and record an officer who is engaged in misconduct. However, under the current Oregon law, it is a crime to record a conversation without "specifically informing" the parties to the conversation. The problem is obvious — it may not always be safe or reasonable to provide a warning; for example, when the officer is engaged in misconduct or if the officer is dealing with a dangerous situation. When the Governor signs HB 2704 into law, the right to openly record police will be protected in Oregon.

Over 1,700 ACLU supporters took action on this issue by contacting their legislators in Salem. Together, our voices were heard! Thank you to everyone who took a stand for the right to film police in Oregon.

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PRIVACY: Prohibit Unwarranted Access to Electronic Communications and Location Information (SB 640)

Electronic communication – through email, cell phones and social media – has increasingly eclipsed postal mail and other hard-copy methods as our primary means of communication. Unfortunately, some government agencies interpret our outdated privacy laws to allow them to intercept and access a treasure trove of information about who you are, where you go, and what you do – the information being collected by search engines, social networking sites, and other websites every day.

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Other

Internal DOJ Report Leaves Us with More Questions than Answers on the Surveillance of Black Lives Matter in Oregon

By David Rogers, Executive Director

David Rogers photoApril 12, 2016 - Yesterday a report on the surveillance of Black Lives Matter in Oregon was released by the Oregon Department of Justice (DOJ). The report confirmed what we learned back in November: that an agent who works for the Criminal Division of DOJ was testing a surveillance program, called Digital Stakeout, by searching various key words, including #BlackLivesMatter. The agent then mistook posts from DOJ’s own Director of Civil Rights, including a post of a Public Enemy logo and political cartoons, as a threat to law enforcement and wrote a memo that was passed all the way up the chain of command to Attorney General Ellen Rosenblum before it was, finally, rejected as dangerous, racial profiling. The Attorney General hired an outside attorney to conduct an independent investigation of the matter to determine if policies or laws were violated.

After reading through the report and looking through the exhibits, we are left with more questions than answers. I honestly don’t know whether to laugh or to cry at the lack of awareness that was revealed of both the law and of what might constitute a threat. This is not only shameful, but also dangerous. Given the power that they wield, I am dismayed at the state of the Criminal Justice Division and afraid for the Oregonians that are supposed to be protected by them. Self-reinforced bias, against protesters, black people, and who knows who else, has left the agency ill-equipped to do their job.

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Letter to Attorney General Ellen Rosenblum Regarding Surveillance of #BlackLivesMatter

November 10, 2015

Attorney General Rosenblum:

We, the undersigned, have been notified that the Oregon Department of Justice has conducted digital surveillance on Oregonians because of their use of the Black Lives Matter hashtag on social media.

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