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LEGAL BRIEFS: Free Speech When Suing Cops; Oregon Police Can't Search Trash On July 11, the US Fourth Circuit Court of Appeals overturned a lower court's ruling and found a non-disparagement clause is unenforceable and void. Many police brutality victims are forced to remain silent or pay back their settlement money if they publicly discuss what they went through. In a settlement agreement between a survivor of police brutality and the City of Baltimore, the Court determined such terms amount to a waiver of civilians' First Amendment rights. They ruled the non- disparagement clause invalid because of the strong public interest in police misconduct and related lawsuits. This decision could potentially void many non-disclosure clauses in settlement agreements between police misconduct victims and the police departments and their governing bodies. It is unclear how this ruling will play out in Oregon (Courthouse News Service, July 12). On May 9, the Oregon Supreme Court overturned lower court rulings and determined that police cannot use an agent to help them seize and search an individual's garbage without a warrant or probable cause. The case was based on two people in Lebanon, Oregon who were convicted after police had a hauling service set their garbage aside for a search. The court determined the action to be an invasion of privacy by the state and overturned the decades old Oregon court precedent (Oregonlive, May 9). |
September, 2019
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Portland Copwatch Portland Copwatch is a grassroots, volunteer organization promoting police accountability through citizen action.
People's Police Report
#78 Table of Contents
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