Stormtroopers in Portland? I Don’t Think So!

 

There’s been a lot of controversy surrounding the alleged “blackbagging” of protesters at the Portland Federal Building demonstrations. I’m only aware of one instance of this having happened from a story in The Nation. There may be others. In that story, the detainee describes being detained, put in an unmarked vehicle, blindfolded with his own beanie, and hustled away to what turned out to be the Federal Building. He was Mirandized, his belongings were searched, and he was asked to answer some questions. When he refused to cooperate, the LEOs released him without charges having found nothing incriminating in his belongings (weapons, spray paint, etc.)

I’m not convinced that anything illegal took place here. The Nation is an extremely left-wing source with an agenda. They have an interest in driving a political narrative about totalitarianism and Trump having invoked the NDAA etc. when nothing of the sort is likely to have happened. I got curious about just what police are allowed to do in terms of arresting/detaining/questioning a suspect. Do they need a warrant etc? It seems the rules are determined by the Supreme Court case Terry v Ohio. Here’s an interpretation of the rules from this link.

“In Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968), the U.S. Supreme Court ruled that the Fourth Amendment to the U.S. Constitution permits a law enforcement officer to stop, detain, and frisk persons who are suspected of criminal activity without first obtaining their consent, even though the officer may lack a warrant to conduct a search or Probable Cause to make an arrest. Now known as a Terry stop, this type of police encounter is constitutionally permissible only when an officer can articulate a particularized, objective, and reasonable basis for believing that criminal activity may be afoot or that a given suspect may be armed and dangerous.”

So if there’s a riot going on at the Federal Building, and a large number of the rioters are dressed in black so as to make themselves difficult to differentiate (Antifa tactic), and law enforcement officers (LEOs) encounter someone a few blocks away after the rioters have been disbursed, who is dressed in the manner described, I’d say that constitutes probable cause to detain, question, and conduct a personal search (stop and frisk). Can they remove that person to another location to conduct the questioning and the search? I’m not sure, but it doesn’t sound unreasonable, especially in the circumstances where there are other rioters in the vicinity and it can be reasonably assumed that there will be interference encountered from the suspect’s accomplices if the search and questioning were to be conducted on the spot. That leaves the question of the unmarked vehicle and the unknown identity of the detaining force. I doubt the vehicle identification can be cited as a violation of protocol. Police use unmarked cars all the time. It doesn’t seem unreasonable to me that LEO’s should be required to identify themselves. At the end of the day though, we only have the word of the detainee(s) that the cops failed to identify themselves, and for all we know, that may simply be a courtesy which could have been extended, but not a requirement.

This is a political battle now as much as a law enforcement battle. If the left can spin up a narrative of Donald Trump as the authoritarian, that might just be enough to thwart legitimate law enforcement objectives of quelling 50 days of nighttime riots in Portland. Libertarians on my Facebook page are up in arms over police overreach and the looming security state. It’s not the first time that these well-meaning people (aka useful idiots) have failed to grasp the reality of the situation.

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  1. Arvo Inactive
    Arvo
    @Arvo

    I’m looking forward to a reasonable explanation of this, something like, “On July 17, agents of <agency> arrested <names> on suspicion of <charges>.” And the details of when and where the legal proceedings will take place.

    Apologies if I missed that elsewhere.

    • #1
  2. Jager Coolidge
    Jager
    @Jager

    Arvo (View Comment):

    I’m looking forward to a reasonable explanation of this, something like, “On July 17, agents of <agency> arrested <names> on suspicion of <charges>.” And the details of when and where the legal proceedings will take place.

    Apologies if I missed that elsewhere.

    From the information that is available so far. Since about July 14, 2020 Federal Agents with insignia but not badges and name tags. Have arrested multiple people. 13 were detained for federal crimes. Several others were arrested and released or released without arrest. The rioters were taken into Federal custody and were read their miranda rights. 

    The arrest were for destruction/vandalism of federal property.  According to the agency unlike local/ state police Federal law does not require badges and name tags to be visible. Further federal rule 40 US Code 315 authorizes the Secretary of the DHS to deputize any other agent/officer to assist the Federal Protective Service in protecting federal property. 

     

    • #2
  3. Sisyphus (hears Xi laughing) Member
    Sisyphus (hears Xi laughing)
    @Sisyphus

    [KO-KO]
    As some day it may happen that a victim must be found
    I’ve got a little list — I’ve got a little list
    Of society offenders who might well be underground
    And who never would be missed — who never would be missed!
    There’s the pestilential nuisances who write for autographs —
    All people who have flabby hands and irritating laughs —
    All children who are up in dates, and floor you with ’em flat —
    All persons who in shaking hands, shake hands with you like that —
    And all third persons who on spoiling tête-á-têtes insist —
    They’d none of ’em be missed — they’d none of ’em be missed!

    [Chorus]
    He’s got ’em on the list — he’s got ’em on the list;
    And they’ll none of ’em be missed — they’ll none of ’em be missed

    [KO-KO]
    There’s the banjo serenader, and the others of his race
    And the piano-organist — I’ve got him on the list!
    And the people who eat peppermint and puff it in your face
    They never would be missed — they never would be missed!
    Then the idiot who praises, with enthusiastic tone
    All centuries but this, and every country but his own;

    And the lady from the provinces, who dresses like a guy
    And who “doesn’t think she dances, but would rather like to try”;
    And that singular anomaly, the lady novelist —
    I don’t think she’d be missed — I’m sure she’d not he missed!

    [Chorus]
    He’s got her on the list — he’s got her on the list;
    And I don’t think she’ll be missed — I’m sure she’ll not be missed!

    [KO-KO]
    And that Nisi Prius nuisance, who just now is rather rife
    The Judicial humorist — I’ve got him on the list!
    All funny fellows, comic men, and clowns of private life —
    They’d none of ’em be missed — they’d none of ’em be missed
    And apologetic statesmen of a compromising kind
    Such as — What d’ye call him — Thing’em-bob, and likewise — Never-mind
    And ‘St— ‘st— ‘st— and What’s-his-name, and also You-know-who —
    The task of filling up the blanks I’d rather leave to you
    But it really doesn’t matter whom you put upon the list

    For they’d none of ’em be missed — they’d none of ’em be missed!

    [Chorus]
    You may put ’em on the list — you may put ’em on the list;
    And they’ll none of ’em be missed — they’ll none of ’em be missed!

    Just sayin’

    • #3
  4. Anthony L. DeWitt Coolidge
    Anthony L. DeWitt
    @AnthonyDeWitt

    My personal favorite is this idea that the cops have to identify themselves.  No law or rule requires that.  If they say “federal agent” that’s all the ID you need.  I love the video of the woman telling the feds to “use your words.”  My words would not have been fit to print here.  

    I don’t like police state tactics, but the Portland PD has been taken off the playing field by their commie mayor.  The feds need to get in there, arrest the ringleaders, and shut this nonsense down.  Only when this starts to hurt big time will this stupidity end.

    • #4
  5. Sisyphus (hears Xi laughing) Member
    Sisyphus (hears Xi laughing)
    @Sisyphus

    If you cherry pick who you take off the street with an eye to making a case against the mayor and or the governor for sowing insurrection with reckless disregard for citizens’ rights, you could build on sweet October surprise.

    • #5
  6. TBA Coolidge
    TBA
    @RobtGilsdorf

    Anthony L. DeWitt (View Comment):

    My personal favorite is this idea that the cops have to identify themselves. No law or rule requires that. If they say “federal agent” that’s all the ID you need. I love the video of the woman telling the feds to “use your words.” My words would not have been fit to print here.

    I don’t like police state tactics, but the Portland PD has been taken off the playing field by their commie mayor. The feds need to get in there, arrest the ringleaders, and shut this nonsense down. Only when this starts to hurt big time will this stupidity end.

    It occurs to me that some of the confusion is probably from tv. People simply do not know what power and limits police have unless they saw it in a movie. This is unfortunate as these useful idiots an entire generation of young (ish) people. 

    • #6
  7. The Reticulator Member
    The Reticulator
    @TheReticulator

    Arvo (View Comment):

    I’m looking forward to a reasonable explanation of this, something like, “On July 17, agents of <agency> arrested <names> on suspicion of <charges>.” And the details of when and where the legal proceedings will take place.

    Apologies if I missed that elsewhere.

    Testimony taken under oath and subject to cross-examination would be helpful. 

    • #7
  8. The Reticulator Member
    The Reticulator
    @TheReticulator

    Anthony L. DeWitt (View Comment):
    I don’t like police state tactics, but the Portland PD has been taken off the playing field by their commie mayor. The feds need to get in there, arrest the ringleaders, and shut this nonsense down. Only when this starts to hurt big time will this stupidity end.

    No, that won’t end it. That’s when it gets really ugly.  

    • #8
  9. Arvo Inactive
    Arvo
    @Arvo

    And it seems that 100 mile border zone thingy wasn’t very well thought out. I’m sure it would have been much harder to create if someone had said, “This will be handy if we need Los Federales to quell a riot.”

    • #9
  10. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Anyone associated with antifa should be held accountable for the actions of the organization such that it is. 

    • #10
  11. TBA Coolidge
    TBA
    @RobtGilsdorf

    Bryan G. Stephens (View Comment):

    Anyone associated with antifa should be held accountable for the actions of the organization such that it is.

    Antifa and BLM are large organizations. It is my hope that they can be ‘found’ and held accountable. 

    • #11
  12. Skyler Coolidge
    Skyler
    @Skyler

    Scott Adams points out that this individual wss possibly an informant and this was a way to pull him out to exchange information. It seems plausible to me, but it is not necessary to have the actions be lawful. 

    • #12
  13. ToryWarWriter Coolidge
    ToryWarWriter
    @ToryWarWriter

    I was watching a legal show last night that covered this.  The speculation is that they are Federal Marshals.  People forget that it was the Marshall service and not the army that protected people in the South against Jim Crowe.

     

    These are tactics designed to disrupt Antifa because its a nebulous force that can pick them up at any time.  Its not some large army of police in riot gear.  Using there tactics against them.  

     

    Stuff I talked about with @bossmongo a few episodes ago on Land of Confusion.

    • #13
  14. Brian Watt Inactive
    Brian Watt
    @BrianWatt

    • #14
  15. Misthiocracy got drunk and Member
    Misthiocracy got drunk and
    @Misthiocracy

    One issue is that the authors of the US Constitution did not define “due process”.  They assumed that the English Common Law understanding of “due process” would continue to be well understood in perpetuity, which history has shown to be rather presumptuous of them.

    For example, the Constitution does not specify that a person has a right to be informed why they are being detained.  That’s supposed to fall under the umbrella of “due process”, but if it’s not formalized in the Constitution then it’s forever open to interpretation.

    • #15
  16. Front Seat Cat Member
    Front Seat Cat
    @FrontSeatCat

    Can someone tell me why major cities are being allowed to succumb to ruin by thugs and lawbreakers – why police officers are not being supported and allowed to do their jobs in many areas, and how long before the feds take control of this? I don’t care if they put pink bags over people and drag them off to jail and make their families pay to get them out! The lives of these business owners are ruined, no one will set foot in these towns for any reason. I think they will try to increase this mayhem straight through as a “disruption” of the next election. This is ridiculous – and so are the press – the NY Times printing horse manure that is endangering people like Tucker Carlson and his family. The couple that defended themselves in front of their own house – wouldn’t you have done that also??? Were they supposed to hand out Twinkies and lemonade??

    I wake up and feel like I am in The Twilight Zone –

    • #16
  17. Skyler Coolidge
    Skyler
    @Skyler

    Front Seat Cat (View Comment):

    Can someone tell me why major cities are being allowed to succumb to ruin by thugs and lawbreakers – why police officers are not being supported and allowed to do their jobs in many areas, and how long before the feds take control of this? I don’t care if they put pink bags over people and drag them off to jail and make their families pay to get them out! The lives of these business owners are ruined, no one will set foot in these towns for any reason. I think they will try to increase this mayhem straight through as a “disruption” of the next election. This is ridiculous – and so are the press – the NY Times printing horse manure that is endangering people like Tucker Carlson and his family. The couple that defended themselves in front of their own house – wouldn’t you have done that also??? Were they supposed to hand out Twinkies and lemonade??

    I wake up and feel like I am in The Twilight Zone –

    If your polling place is controlled by the CHOP, are you going to vote republican?

     

    • #17
  18. Stad Coolidge
    Stad
    @Stad

    I’m hoping this “blackbagging” is true.  Anonymity shouldn’t be used by protesters to protect their identity.  Anonymity is what gives them the “courage” to destroy.  Heck, I’d confiscate their masks (one asset forfeiture I could get behind) so they have to spend more of Soros’ money buying new ones . . .

    • #18
  19. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Front Seat Cat (View Comment):

    Can someone tell me why major cities are being allowed to succumb to ruin by thugs and lawbreakers – why police officers are not being supported and allowed to do their jobs in many areas, and how long before the feds take control of this? I don’t care if they put pink bags over people and drag them off to jail and make their families pay to get them out! The lives of these business owners are ruined, no one will set foot in these towns for any reason. I think they will try to increase this mayhem straight through as a “disruption” of the next election. This is ridiculous – and so are the press – the NY Times printing horse manure that is endangering people like Tucker Carlson and his family. The couple that defended themselves in front of their own house – wouldn’t you have done that also??? Were they supposed to hand out Twinkies and lemonade??

    I wake up and feel like I am in The Twilight Zone –

    Because the elite are not effected.

    The Senate was willing to let Rome be run over with their paid for mobs. You know what stopped that?

    Caesar and his army.

    • #19
  20. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Has Andy McCarthy weighed in yet?

    • #20
  21. Weeping Inactive
    Weeping
    @Weeping

    Misthiocracy got drunk and (View Comment):

    One issue is that the authors of the US Constitution did not define “due process”. They assumed that the English Common Law understanding of “due process” would continue to be well understood in perpetuity, which history has shown to be rather presumptuous of them.

    For example, the Constitution does not specify that a person has a right to be informed why they are being detained. That’s supposed to fall under the umbrella of “due process”, but if it’s not formalized in the Constitution then it’s forever open to interpretation.

    It makes you wonder (well, it makes me wonder, anyway) how the Founders would have written things if they could have seen the craziness of today.

    • #21
  22. Arvo Inactive
    Arvo
    @Arvo

    Haha there’s an Onionesque meme floating around the left about the NRA apologizing for neglecting to do what they said they were for, to oppose tyrannical government.

    • #22
  23. Maguffin Inactive
    Maguffin
    @Maguffin

    Arvo (View Comment):

    Haha there’s an Onionesque meme floating around the left about the NRA apologizing for neglecting to do what they said they were for, to oppose tyrannical government.

    There’s another meme floating around the right about how the rioters…er…protestors are neglecting to do what they said they are doing, just peaceful protesting.

    • #23
  24. CarolJoy, Above Top Secret Coolidge
    CarolJoy, Above Top Secret
    @CarolJoy

    Off a former friend’s most recent FB post: “Trump is using these forces as a personal paramilitary force. That is what dictators do; that is not presidents of a democratic republic do.” Jeff Merkely, Oregon Senator

    I have to confess I have no idea which “forces” are being discussed. Does anyone here know?

    • #24
  25. Sisyphus (hears Xi laughing) Member
    Sisyphus (hears Xi laughing)
    @Sisyphus

    CarolJoy, Above Top Secret (View Comment):

    Off a former friend’s most recent FB post: “Trump is using these forces as a personal paramilitary force. That is what dictators do; that is not presidents of a democratic republic do.” Jeff Merkely, Oregon Senator

    I have to confess I have no idea which “forces” are being discussed. Does anyone here know?

    It’s all here.

    The doxxing of 38 Portland Police has resulted in federal agents operating in the Portland area operating without name tags exposed. 53 nights of violent attacks against the Hatfield Building with no effective response from the mayor or the governor makes them complicit in a war against the police and the federal government, with BLM and Antifa as their comrades in arms.

    • #25
  26. CarolJoy, Above Top Secret Coolidge
    CarolJoy, Above Top Secret
    @CarolJoy

    Front Seat Cat (View Comment):

    Can someone tell me why major cities are being allowed to succumb to ruin by thugs and lawbreakers – why police officers are not being supported and allowed to do their jobs in many areas, and how long before the feds take control of this? I don’t care if they put pink bags over people and drag them off to jail and make their families pay to get them out! The lives of these business owners are ruined, no one will set foot in these towns for any reason. I think they will try to increase this mayhem straight through as a “disruption” of the next election. This is ridiculous – and so are the press – the NY Times printing horse manure that is endangering people like Tucker Carlson and his family. The couple that defended themselves in front of their own house – wouldn’t you have done that also??? Were they supposed to hand out Twinkies and lemonade??

    I wake up and feel like I am in The Twilight Zone –

    My feeling exactly. I grew up two neighborhoods over from the Chatham neighborhood in Chicago. It was African American, and lower working class. But so vibrant. 

    My understanding is that Chatham has been torched during the June 2020 Mayhem Of Looting and Arson. It sickens me as over the last decade, that whole area was basically on perpetual lockdown due to gangs.  

    How much do people have to suffer? In thinking about this, it seems like so much of what we are dealing with has been created and perpetuated by the Secret Inner Leaders on The Left. 

    It really does seem like the Twilight Zone.

     

    • #26
  27. Weeping Inactive
    Weeping
    @Weeping

    CarolJoy, Above Top Secret (View Comment):

    Off a former friend’s most recent FB post: “Trump is using these forces as a personal paramilitary force. That is what dictators do; that is not presidents of a democratic republic do.” Jeff Merkely, Oregon Senator

    I have to confess I have no idea which “forces” are being discussed. Does anyone here know?

    My guess would be the federal forces (from the Border Patrol, I think) sent into Portland to (I believe) defend federal buildings.

    • #27
  28. Sisyphus (hears Xi laughing) Member
    Sisyphus (hears Xi laughing)
    @Sisyphus

    But wait, there’s more! From the Post Millennial blog:

    Portland rioters attacked a federal officer last night in the middle of an arrest outside the Hatfield Courthouse, allowing the suspect to escape.

    This assault came after the arson attacks on the Portland Police Association last week.

    Here is another view of the incident:

    This comes after Oregon’s Attorney General Ellen Rosenblum filed a suit on Friday against the Department of Homeland Security and the US Marshals Service for deploying federal agents in Portland to mitigate the violent riots. The basis is their “violation of the civil rights of Oregonians by seizing and detaining them without probable cause.”

     

    • #28
  29. Skyler Coolidge
    Skyler
    @Skyler

    Sisyphus (hears Xi laughing) (View Comment):

    The basis is their “violation of the civil rights of Oregonians by seizing and detaining them without probable cause.”

     

    That’s hilarious.

    • #29
  30. Sisyphus (hears Xi laughing) Member
    Sisyphus (hears Xi laughing)
    @Sisyphus

    Portland Mayor Ted Wheeler’s term ends January 1, 2021. He is facing a November 3rd runoff election against Sarah Iannarone, who styles herself as the Antifa Mayor. So the best result is that whatever remaining sapient hominid population there is remaining exfiltrate as soon as possible. 

    • #30
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