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Quick Flashes PPR #29 New PPB/Federal Task Force Lacks Oversight On January 29. Portland's City Council quietly approved an ordinance creating the Drug Enforcement Administration Portland Task Force (DEAPTF). Although Commissioners Jim Francesconi and Dan Saltzman both recognized that oversight of this new federal-local hybrid unit is just as important as it is for the Portland Joint Terrorism Task Force (PJTTF), no specific steps were taken to ensure such oversight. During Council hearings last fall for the renewal of the ordinance for the PJTTF (see PPR #28), testimony and subsequent reporting clarified that officials, including Mayor Katz, Chief Kroeker and even U.S. Senator Ron Wyden, would not be able to monitor the investigations of any local federal task force. While Council suggested the Portland Police on the Task Force would follow local laws restricting investigations to criminal suspects, the DEAPTF agreement indicates that the officers' "failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force." The fact that Portland officers have been deputized as federal agents further exacerbates doubts that local law will be heeded.
While the agreement makes reference to the PPB having its records ready for examination, the
reviewing agencies listed are "the DEA, the United States Department of Justice, the Comptroller
General of the United States, and any of their duly authorized agents and representatives," all of
whom are part of the federal government and hardly qualify as independent civilian reviewers. Copwatch News from the Southwest Copwatch is not a franchise, but a movement. Each group promotes police accountability in its own way, with at least part of the organizations' focus on observing police in action. Two different Copwatch groups have reported recent possible retaliation by the authorities. One of the more newly formed organizations, Houston Copwatch (HCW), reports that police towed the car belonging to one of their members with insufficient warning. Whereas the City requires three tickets before towing, this young man's car--which, according to HCW was registered in his mother's name and was parked in front of her house--was towed with only one ticket on it. Houston Copwatch is very careful about how they approach their work. Their website cautions "Do NOT join Copwatch if you are a hothead, seeking revenge on a cop, or want to fight with police." One day earlier, a member of a slightly longer-term group, Phoenix Copwatch (PhxCW), was taken into custody by the Bureau of Alcohol, Tobacco and Firearms for allegedly building an "improvised grenade" (Arizona Republic, March 5). Past and current members of PhxCW describe the man, Laro Nicol, a military veteran and former editor of a peace and justice newspaper, as "squeaky- clean" and are convinced the arrest was meant to intimidate those who challenge government authority. For more information write Houston Copwatch at PO Box 667040, Houston TX 77266, or visit the (groovy) website at www.houstoncopwatch.org. [2022 note: website no longer active]
Phoenix Copwatch can be located via www.phoenixcopwatch.org. [2022 note: website now
found
at phoenixcopwatch.wordpress.com]
New Copwatch Group Formed in Portland A group of Portlanders angry about the Police Bureau's racism, brutality, and cover-ups has started a community organization to do something about it: Rose City Copwatch. Since forming the new group, Rose City Copwatchers have conducted "Your Rights and the Police" and "How to Copwatch" trainings for high school students and homeless youth. The group also Copwatched at two community actions to support striking auto workers. "It was fantastic having Rose City Copwatch at the action," said Laurie King of Jobs with Justice. "The police act more reasonably when they know they're being monitored."
[Contact Rose City Copwatch at 503-993-9464 or info@rosecitycopwatch.org.] [NOTE Rose
City Copwatch closed down in 2012.] Sheriff Uses Fear to Get More Funds Using public funds, Multnomah County Sheriff Bernie Giusto recently began a web page on which he lists the personal information (name, address, and charges) of people released early supposedly because of budget cuts (www.inmatereleases.org). His "Community Alert" site blames the Board of County Commissioners for refusing to fund his jails and therefore for jeopardizing the safety of the community. The Sheriff, however, reserved empty beds and jail space for protesters arrested in April's anti-war demonstrations (see p.1). He says he can't keep dangerous criminals off the streets, but he can apparently accommodate protesters, even peaceful protesters. How is this going to make the community safer? When nearly all agencies in the state of Oregon are experiencing budget cuts, it seems disingenuous to use scare-tactics and the public humiliation of prisoners to get more public money for your agency.
Contact County Chair Diane Linn (mult.chair@co.multnomah.or.us) to give your opinon about
priorities for spending.
A Maryland ethics committee refused to allow Montgomery County Police Chief Charles Moose to
write a book or make movie deals based on his investigation of the Fall 2002 sniper killings in the
area. The former Portland Police Chief was told he cannot profit from on-duty events or the
prestige of his position. Moose has appealed that decision (CNN, April 14). Your Rights and the Police: Details on Rights to Legal Counsel Prior to Taking a Breath Test In a recent decision by the Oregon Supreme Court decided February 13, 2003, the court ruled that a person arrested for driving under the influence of intoxicants (DUII) has not only the right to obtain legal counsel prior to submitting to a breath test, but also the right to speak with the lawyer in private, without an officer being able to overhear the conversation. In State v. Durbin, (Crook County Case No. R980102; Supreme Ct. Case No. S48501), the Oregon Supreme Court reversed a decision by the Oregon Court of Appeals and ruled that a defendant's constitutional right to council was violated when the phone call to the lawyer was made within earshot of the arresting officer. The Court first restated its 1988 ruling announced in State v. Spencer, 305 Or 59, 74 (1988) that "the right to counsel entitles the arrested driver, upon request, to a 'reasonable opportunity to obtain legal advice before deciding whether to submit to a breath test'" (emphasis added). Following from this, the Supreme Court then concluded that the right to confer with counsel presumes that this conversation must be private.
Therefore, a person arrested for DUII, before having to decide whether to submit to a breath test,
has a constitutional right to first seek the advice of a lawyer, and then that conversation must be held
in private. In order to trigger the constitutional safeguard of the right to counsel, it is important that
the defendant must specifically request an opportunity to try to reach a lawyer. Cedar Mill Man Suffering from Diabetes Hit with Beanbags and Tasers Lives to Tell the Tale
In January, police from Portland and Beaverton chased a man suffering from another form of
physiological disorder, in this case diabetes. They rammed his truck, shot at his windows with a
lead-pellet "bean bag" gun, hit him with 25 pepper balls (exploding projectiles packed with pepper
spray) and tasered him before he got out of his vehicle. It turned out he was having a diabetic
reaction with a blood sugar count 25% below the lowest safe level (Oregonian, January 22).
It is amazing that the man, Glenn Allen Robarts, was not seriously injured. This is another example
of why the Taser and other "less-lethals" should be used more discerningly. Each time one of these
potentially lethal "tools" has been introduced, they seem to be over-used, as Portland Copwatch has
predicted. More talk, more patience, and less actionand reactionmay often be needed. |
May, 2003
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Portland Copwatch Portland Copwatch is a grassroots, volunteer organization promoting police accountability through citizen action.
People's Police Report
#29 Table of Contents
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