Arrests require probable cause
So is all this fascist grabbing people off the streets in camo and unmarked rental vans legal? Probably not.
Legal scholars questioned whether the detentions pass constitutional muster.
“Arrests require probable cause that a federal crime had been committed, that is, specific information indicating that the person likely committed a federal offense, or a fair probability that the person committed a federal offense,” Orin Kerr, a professor at University of California, Berkeley Law School, told The Post. “If the agents are grabbing people because they may have been involved in protests, that’s not probable cause.”
Well it’s the same city. Isn’t that a fair probability?
Federal officers from the U.S. Marshals Service and Department of Homeland Security have stormed Portland’s streets as part of President Trump’s promised strong response to ongoing protests. Local leaders expressed alarm at news of Pettibone’s detention and echoed calls for the feds to leave that have grown stronger since Marshals Service officers severely wounded a peaceful protester on Saturday.
On the one hand, NO MASKS plus we totally get to march into the Michigan legislature carrying assault weapons, on the other hand unarmed protesters outside a federal courthouse are probably violent anarchists and must be grabbed off the street and thrown into cells by disguised federal cops.
Jann Carson, interim executive director of the American Civil Liberties Union of Oregon, called the recent arrests “flat-out unconstitutional” in a statement shared with The Post.
“Usually when we see people in unmarked cars forcibly grab someone off the street we call it kidnapping,” Carson said. “Protesters in Portland have been shot in the head, swept away in unmarked cars, and repeatedly tear gassed by uninvited and unwelcome federal agents. We won’t rest until they are gone.”
Remember: right-wing protesters were allowed to enter the Michigan legislature, and stand in a gallery looking down on the legislators a few feet below, carrying assault rifles. Trump didn’t say boo.
After Trump sent federal officers to the city, allegedly to quell violence, tensions escalated. The feds have repeatedly deployed tear gas to scuttle protests, despite a newly passed state law that bans local police from using the chemical irritant except to quash riots. On Saturday, federal agents shot a man in the face with a less-than-lethal munition, fracturing his skull. Local officials, from the mayor to the governor, have asked the president to pull the federal officers out of the city.
This is all fine.
Oh, but the Michigan protesters were different. They were white!