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LEGAL BRIEFS:
The Oregon Court of Appeals determined the police were wrong to break into a DUI suspect's house without a warrant. Alerted by a store clerk that a man driving off from the parking lot looked drunk, Beaverton police went to the man's house. He was outside with his son, but ran into the house when he saw the police. Afraid the man might sober up or drink more to invalidate the breathalyzer tests, the police broke into his house and arrested him. The Appeals Court maintained the prosecution did not provide enough evidence that the police could not obtain a warrant quickly enough to test for drunk driving or that he was a danger to his son (Oregonlive, August 20).
Thanks to the 2010 lawsuit filed by the ACLU of Oregon on behalf of 13 plaintiffs, who may have been on the no fly list (but didn't know, since no one would tell them), a US District Judge ruled the government's procedures-- or really lack of procedures-- for appealing inclusion were unconstitutional. According to the October 15 Oregonian (and the ACLU), the government finally revealed seven of the plaintiffs are not on the list. The government has until mid-January to determine if the rest of the plaintiffs are still on the list and, if so, why. However, no procedures or guidelines have been set up yet.
When, in 2012, Occupy Eugene tried to renew its permit to protest on the Federal Plaza, they were told they could only use it from 8 AM to 5 PM on weekdays. But as the Oregonian reported (September 10), a federal judge found the General Services Administration infringed on protesters' First Amendment rights when it limited hours. Department of Homeland security officers arrested a woman for protesting at 7:30 PM. Overturning her conviction, the judge stated "the First Amendment does not go to sleep at 5 PM on Friday and wake up 8 AM on Monday." |
January, 2015
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People's Police Report
#64 Table of Contents
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