- Joined
- Dec 8, 2019
- Messages
- 8,918
- Reaction score
- 1,525
- Gender
- Male
- Political Leaning
- Undisclosed
When the police can't or won't do their jobs vigilantes will. WATCH: Portland Black Lives Matter Whine About Police Not Saving Them As They Get Walloped By PatriotsI understand that those on the left keep wanting to say this, but it's pretty irrational. The nightly rampages were going strong when DHS moved additional officers in to protect a handful of federal properties in the city. They've pulled some of those out, and the rampages are continuing.
Yes, ORS 133 (in part) defines peace officer and states their authority, which is why I cited that, not 166.015. 166.015 has nothing to do with authority to enforce laws, so why you even mentioned it is baffling.
(1)A federal officer may arrest a person:
(a)For any crime committed in the federal officer’s presence if the federal officer has probable cause to believe the person committed the crime.
(b)For any felony or Class A misdemeanor if the federal officer has probable cause to believe the person committed the crime.
(c)When rendering assistance to or at the request of a law enforcement officer, as defined in ORS 414.805 (Liability of individual for medical services received while in custody of law enforcement officer).
(d)When the federal officer has received positive information in writing or by telephone, telegraph, teletype, radio, facsimile machine or other authoritative source that a peace officer holds a warrant for the person’s arrest.
(2)The federal officer shall inform the person to be arrested of the federal officer’s authority and reason for the arrest.
(3)In order to make an arrest, a federal officer may use physical force as is justifiable and authorized of a peace officer under ORS 161.235 (Use of physical force in making an arrest or in preventing an escape), 161.239 (Use of deadly physical force in making an arrest or in preventing an escape) and 161.245 (“Reasonable belief” described).
(4)(a) A federal officer making an arrest under this section without unnecessary delay shall take the arrested person before a magistrate or deliver the arrested person to a peace officer.
(b)The federal officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person.
(5)A federal officer when making an arrest for a nonfederal offense under the circumstances provided in this section shall have the same immunity from suit as a state or local law enforcement officer.
(6)A federal officer is authorized to make arrests under this section upon certification by the Department of Public Safety Standards and Training that the federal officer has received proper training to enable that officer to make arrests under this section. [1981 c.808 §3; 1993 c.254 §2; 1995 c.79 §48; 1997 c.853 §34]
Again, what does any of this have to do with Portland police declaring a riot?
It just seems that you people are for the constitution and states rights until you're not. The President is not a king. The President doesn't have the ability or the authority to require the states to enforce their laws in a certain way or to push aside the local law enforcement authorities. The DHS is not to be used as his or her personal militia. There are no federal statutes they are enforcing by engaging with these protesters. The protection of federal property is being used as a ruse to interfere with these protesters 1st Amendment rights and to violate their 4th Amendment rights. There already exists a federal law enforcement entity charged with the responsibility of protecting federal courthouses and that's the US Marshals.
You mean till people go against the constitution and state laws by rioting and looting. Yea I can’t imagine why people would be against that.
Just fyi as you obviously don’t know but you don’t have a right to riot or loot and the federal government does not need a state’s permission to prevent federal buildings from being destroyed.
But I guess in pretend land you can just pretend burning down federal buildings is a constitutionally protected right. I mean why not if we are just making things up.
Hard to know where to even start with this.
This isn't a constitutional or state's rights issue.
DHS was there to protect federal property - which they had every right to do. The issue there was never with the legitimate protesters.
When the police can't or won't do their jobs vigilantes will. WATCH: Portland Black Lives Matter Whine About Police Not Saving Them As They Get Walloped By Patriots
That is not their job. That the Federal Marshals responsibility. They are there uninvited and unwanted under the direction of a DHS Director that the Government Accountability Office has determined was illegitimately appointed. They are violating parts of Oregon state statute and their citizen's first and fourth amendment rights. It is they who are not legitimate.
Oregon Law - Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering
Since we are talking about riots "Offenses Against Public Order" would seem to be the most logical place to look to see what Oregon law has to say about riots, wouldn't you think? Or do you? And now lets take a closer look at ORS Chapter 133 -Arrest and Related Procedures; Search and Seizure; Extradition. In particular 133.245. Arrest by federal officer.
[/COLOR]
The subsections I highlighted in red are what Trump and Barr's storm troopers have not been in compliance with.
Ok? But you didn't ask about what constitutes a riot, you asked what authority Portland PD has to declare a riot. I directed you to the source, as you were clearly unable to do a simple search yourself. You're welcome.
As far as federal officers, if they are not following proper procedures, void the arrests and release the people they arrested. Sounds simple.
It is their job. See! That's easy! Mission | Homeland Security
Honestly, it's pretty stupid to try to declare who's job it is to protect federal property and people. If the nightly violence wasn't there, it wouldn't matter. Again, the issue isn't peaceful protesters. It's the people coming out after dark to incite violence and cause damage. They were the ones seeking conflict.
It is their job. See! That's easy! Mission | Homeland Security
Honestly, it's pretty stupid to try to declare who's job it is to protect federal property and people. If the nightly violence wasn't there, it wouldn't matter. Again, the issue isn't peaceful protesters. It's the people coming out after dark to incite violence and cause damage. They were the ones seeking conflict.
Honestly it's pretty stupid to post to me a page intended as a counterpoint to my argument that makes no mention whatsoever of the protection of federal property being a core mission of the DHS. So perhaps you should go back to that page and where it says; "Was this page helpful?", click on "No".
It's people coming out to tell the illegal occupiers of their city to leave as their local government has asked them to do.
You haven't directed me or anyone else anything. I'm doing all the heavy lifting here for you and I'm getting pretty tired of doing it. I found the relative statute which you couldn't find because as you said you're not a lawyer. Funny neither am I and I still managed anyhow. And there isn't anything in there about the delegation of authority, or even definition of a procedure for the police 'declaring' riots. Is there? So are you ready yet to conclude that said delegated authority does not exist?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?