In Other "Terrorism" and Civil Liberties news:
--The US Drug Enforcement Administration (DEA) agent-in-charge, Ken Magee, was missing
from his Portland office from at least July to September, with no explanation coming from the US
Attorney, Portland Police, or the DEA as to why. Willamette Week called Magee but he
refused to say where he was (September 26).
--The ACLU reports that in early December, the Police Bureau modified Directive #315.00 to
prohibit officers from assisting the DEA in prosecuting people for either Oregon's Death with
Dignity or Medical Marijuana laws.
--In Quebec, protestors at the North American leaders summit discovered undercover officers in
their midst. Three cops dressed as "Black Bloc anarchists," shoved one of the delegates and picked
up rocks. The three were thrown to the ground and arrested by police. What tipped the protestors
off? The bottom of the men's boots had the same yellow triangles on them as the officers kneeling
next to them. Quebec police admitted infiltrating the demonstration (Canadian Press, August 21 and
Ottowa Citizen, August 23).
--In the city of Tigard, Oregon, police have been given greater power to conduct searches in
schools.
The Tigard-Tualatin School Board in October revised its regulations governing student rights to
allow the police and search and rescue dogs to come onto school campuses to conduct searches,
including random drug searches. However, under the new policy, dogs cannot be used unless there
is a risk of injury or harm that might be prevented and the school "administrator reasonably believes
it is immediately necessary to recover contraband to protect human life." Despite the confusing
standard of the new policy, Joe Wehrli, director of policy services for the Oregon School Boards
Association, told the Oregonian that a majority of the state's districts allow such searches
under policies which been instituted over the past 10 years (October 17).
Also in Tigard, for a brief time after opening in October, the Jim Griffith Memorial Skate Park had
a rule stating: "By entering and remaining in the Skate Park, you voluntarily give consent to have
any backpack, bag or other container searched by Tigard Police." Sterling Robbins, a
sophomore at Catlin Gabel School, reported to Willamette Week that his bag was searched
for no apparent reason a few days after the park opened, but no drugs were found (October 31).
Shortly after the article appeared, the rule was withdrawn.
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Judge in Mayfield Case Finds Portion of PATRIOT Act Unconstitutional
Supporters of constitutional rights hailed the September 26 decision by U.S. District Judge Ann
Aiken in which she struck down a key portion of the USA PATRIOT Act, ruling that it violated the
Constitution's ban on unreasonable search and seizure (Oregonian, September 27). The case
was brought by Brandon Mayfield, the Oregon lawyer and Muslim who suffered the unreasonable
search and seizure of his home and office documents after FBI agents wrongfully linked him to the
2004 train bombings in Madrid, Spain (PPR #34).
In 2006, Mayfield settled his case for $2 million (PPR #40) but he and his lawyer, Elden
Rosenthal, filed this challenge to the PATRIOT Act. The law was passed quickly in the aftermath of
9/11. Rosenthal praised Judge Aiken for her decision in which she stated, "The government here
is asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would
deprive it of any real meaning. This court declines to do so. For over 200 years, this nation has
adhered to the rule of law--with unparalleled success. A shift to a nation based on extra-
constitutional authority is prohibited, as well as ill-advised." Judge Aiken also expressed
concern that the PATRIOT Act gives too much power to the executive branch rather than relying on
the checks and balances of the three branches of government as provided for in the
Constitution.
It has been difficult to challenge the PATRIOT Act because those subject to its provisions are rarely
aware of it due to the inherent secrecy of the Act. It is expected that the case will be appealed by the
government to the 9th U.S. Circuit Court of Appeals and, depending upon their decision, to the
U.S. Supreme Court.