Federal Officers in Unmarked Vans Are Unconstitutionally Detaining Protesters

From Katie Shepherd's 7-17-20 Washington Post article entitled "‘It Was Like Being Preyed Upon’: Portland Protesters Say Federal Officers in Unmarked Vans Are Detaining Them":

When several men in green military fatigues and generic “police” patches sprang out of an unmarked gray minivan in front of Mark Pettibone in the early hours of Wednesday morning, his first instinct was to run.

He did not know whether the men were police or far-right extremists, who frequently don militarylike outfits and harass left-leaning protesters in Portland, Ore. The 29-year-old resident said he made it about a half-block before he realized there would be no escape.

Then, he sank to his knees, hands in the air.

“I was terrified,” Pettibone told The Washington Post. “It seemed like it was out of a horror/sci-fi, like a Philip K. Dick novel. It was like being preyed upon.”

He was detained and searched. One man asked him if he had any weapons; he did not. They drove him to the federal courthouse and placed him in a holding cell. Two officers eventually returned to read his Miranda rights and ask if he would waive those rights to answer a few questions; he did not.

And almost as suddenly as they had grabbed him off the street, the men let him go.

Pettibone said he still does not know who arrested him or whether what happened to him legally qualifies as an arrest. The federal officers who snatched him off the street as he was walking home from a peaceful protest did not tell him why he had been detained or provide him any record of an arrest, he told The Post. As far as he knows, he has not been charged with 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.”

Federal officers from the U.S. Marshals Service and Department of Homeland Security have stormed Portland’s streets as part of President Trump’s promised strong response to ongoing protests. Local leaders expressed alarm at news of Pettibone’s detention and echoed calls for the feds to leave that have grown stronger since Marshals Service officers severely wounded a peaceful protester on Saturday.

“A peaceful protester in Portland was shot in the head by one of Donald Trump’s secret police,” Sen. Ron Wyden (D-Ore.) wrote in a Thursday tweet that also called out acting DHS secretary Chad Wolf. “Now Trump and Chad Wolf are weaponizing the DHS as their own occupying army to provoke violence on the streets of my hometown because they think it plays well with right-wing media.”

Civil rights advocates suggested the Trump administration is testing the limits of its executive power.

“I think Portland is a test case,” Zakir Khan, a spokesman for the Oregon chapter of the Council on American-Islamic Relations, told The Post. “They want to see what they can get away with before launching into other parts of the country.”

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.”

To read Shepherd's entire article, click HERE.