Legal scholars/ experts questioning the constitutionality of Portland arrests

[PA Democrat]

The Washington Post interviewed Mark Pettibone who was snatched off the streets in Portland by men in military fatigues
with a generic "police" patch on their uniforms. He said he had been peacefully protesting and was headed back to his car when he was detained and searched and then taken to the Federal Courthouse and placed in a holding cell.

He was read his rights and refused to waive his rights to answer questions. He was released shortly after that but has no idea why he was arrested or whether he had been charged any crimes.

His detention, which was first reported by Oregon Public Broadcasting, and videos of similar actions by federal officials driving around Portland in unmarked cars have raised alarm bells for many. Legal scholars questioned whether the detentions pass constitutional muster.

“Arrests require probable cause that a federal crime had been committed, that is, specific information indicating that the person likely committed a federal offense, or a fair probability that the person committed a federal offense,” Orin Kerr, a professor at University of California at Berkeley Law School, told The Post. “If the agents are grabbing people because they may have been involved in protests, that’s not probable cause.”

Jann Carson, interim executive director of the American Civil Liberties Union of Oregon, called the recent arrests “flat-out unconstitutional” in a statement shared with The Post.

“Usually when we see people in unmarked cars forcibly grab someone off the street, we call it kidnapping,” Carson said. “Protesters in Portland have been shot in the head, swept away in unmarked cars, and repeatedly tear-gassed by uninvited and unwelcome federal agents. We won’t rest until they are gone.”

https://www.washingtonpost.com/nation/2020/07/17/portland-protests-federal-arrests/?hpid=hp_hp-top-table-high_mm-portland-810am%3Ahomepage%2Fstory-ans

[MineralMan]

1. It's Trump Theater Time.

That arrestee wasn't charged with anything. It's all theater. The DHS will be gone from Portland by tonight, but will pop up somewhere else.

It's Trump's "Pop-Up Cop" initiative. Sort of like a food truck you've never seen before showing up in front of the place you work.

[gratuitous]

7. I disagree

Trump has singled out Portland specifically, and even his lackey Wolf has stopped by. The feds are going to be here for a few more days, at the very least. As long as the citizens stay cool and refuse to take Trump's bait, his little fascist gambit is going to blow up in his face like a novelty cigar.

[unblock]

2. "Unconstitutional" doesn't do it justice. It's kidnapping.

"Unconstitutional" effectively just means the government has to release them.

That's not a sufficient deterrent because the government merely wants to hassle protesters. Ruining their day and scaring the crap out of them to deter protesting is their goal, and forcing them to release the people they kidnap doesn't do anything to keep them from doing it again and again.

It's *kidnapping* and the people involved need to be charged.

[crickets]

4. +1000000

[UTUSN]

3. Note to "scholars/experts": Uh, **********DUH?!1*************

[scipan]

5. People should probably arm themselves

If they don't identify themselves and show their badges/ official ID s, people are within their rights to defend themselves.

[Midnight Writer]

6. These kidnappings are clearly illegal, and the perpetrators are criminals.

[Ms. Toad]

8. I'm eager to see what the Lincoln Project does with this. n/t

[intheflow]

9. "Questioning the constitutionality"?

Kidnapping by anyone is illegal AND unconstitutional, full stop.