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

Oregon Supreme Court Ruling in Eugene Taser Case Strengthens Public’s Right to Records

ACLU Lawsuit Increases Transparency in Police Use of Force Inquiries

still from video of tasing incident shows man on ground with two police standing over himSeptember 15, 2016 – The Oregon Supreme Court ruled today that the City of Eugene must turn over records to the American Civil Liberties Union of Oregon in their inquiry into the high profile use of force against Eugene protester Ian Van Ornum. In 2008, Van Ornum was twice tased while peacefully protesting against the use of pesticides in downtown Eugene.

The City of Eugene relied on an exemption to the public records law to deny the release of documents in the case. 

In the unanimous decision, the court said that the public has strong interest in police oversight.

 “Without mutual trust, the police cannot do their work effectively and the public cannot feel safe,” wrote Oregon Supreme Court Justice Martha Walters. “One way to promote that necessary mutual trust is to make police practices and procedures transparent and to make complaints about police misconduct and the discipline that is or is not meted out open to public inspection.”

The decision reinforces the strong public interest in disclosure of information about the use of force by officers, alleged police misconduct, and the process by which those allegations are reviewed. 

Oregon law says that when an investigation does not result in discipline of any public safety officer then the records will not be released except “when the public interest requires disclosure of the information.” 

With this decision, the court places significant value in the public interest exceptions in Oregon’s public records laws. This will be very important in future public records requests, particularly requests that relate to video captured by police body cameras or dashboard cameras on patrol cars.

Kimberly McCullough, ACLU of Oregon’s legislative director, said the case was a very significant win for Oregonians. 

“Today is a big day for police accountability in Oregon,” said McCullough. “In this time of national concern regarding what is appropriate police conduct, we are proud that Oregon’s answer is now to shed more light on the review process.” 

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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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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. The bill was signed into law by the governor! 

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. Now that it has been signed into law, the right to openly record police is 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: Regulate Automatic License Plate Reader (ALPR) surveillance technology (SB 639)

Law enforcement agencies deploy license plate reader surveillance technology in Oregon without adequate or consistent privacy restrictions. Many agencies retain the location information and photograph of every vehicle that crosses the camera’s path, not simply those that are associated with a criminal nexus.

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Other

Information on ICE Raids in Oregon

Lea en Español: Información sobre las redadas de ICE en Oregon

March 2, 2017 - Immigration and Customs Enforcement, known as ICE, confirmed that they conducted a raid in Woodburn, a predominantly Latino town in Oregon. Of the people detained, at least four had no criminal record. ICE officials claimed they were looking for someone in particular when they stopped two vans of forest workers, but we should be very skeptical. This is a flimsy excuse for violating constitutional rights.

The Constitution guarantees core basic rights to every person in the United States. This applies during ICE enforcement actions. Immigration raids frequently violate the Constitution. For example, ICE agents engage in prohibited behavior when they selectively target predominantly Latino neighborhoods and work sites; enter people’s homes without proper warrants or consent; or coerce frightened individuals to submit to interrogations about their citizenship and immigration status.

The Constitution ensures equal protection and fair treatment under the law to all people, regardless of their skin color or accent. Looking or sounding “foreign” is not enough to justify seizing a person for immigration investigation.

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