The right to refuse consent to search
The December 2021 Oregon Legislative Special Session brought attention to the illegal
cannabis growing in southern Oregon.
Governor Kate Brown had even
sent the Oregon National Guard to assist in enforcement. Senate
President Courtney and House Speaker Kotek were quick to appropriate
funding to help with enforcement.
It seems Senator Floyd Prozanski (D-Eugene) has a hard time
connecting the dots. He chaired the Senate Interim Committee On
Judiciary and Ballot Measure 110 Implementation, which has
introduced
SB 1510.
The bill was slated for a work session, but was
delayed for an amendment, which the public won’t have an
opportunity to comment on.
SB 1510 prohibits a police officer from initiating a traffic stop for failure
to use lights or operation without required lighting equipment, and
requires the officer to inform a person of their right to refuse consent
to search, which has to be documented.
An amendment will exclude
implied consent to person’s breath or blood test to determine the
alcoholic content if driving under the influence of intoxicants.
This bill will place a damper on stopping illegal drug movement.
Recently,
Oregon State Police reported a traffic violation stop in Marion County leading to the
seizing of 9.9 pounds of methamphetamine, 19 suspected fentanyl pills,
a digital scale, packaging materials, and drug paraphernalia. That’s enough to kill three people or about 5 people if injected
or cause extreme harm to nine people smoking it. Troopers also located
and seized a loaded Beretta 9mm handgun, with armor-piercing
ammunition, which was concealed under the driver’s seat. The driver, identified as Enrique Santos Gamboa-Martinez, age 19, from,
Tehachapi, California was arrested and lodged on Federal Drug and Weapons
charges. If he had been told his right to refuse a search, where would
these drugs be now?
Even a vehicle operating without any headlights or brake lights after
dark is a safety hazard. Generally other traffic will alert the driver, but
lack of response may indicate the driver has issues. The issues may be
health related. A friendly stop may determine help is needed. SB 1510
doesn’t make anyone feel safer except criminal elements.
SB 1510 also moves $10 million from Oregon Criminal Justice
Commission for a Transforming Justice Initiative to support the
Northwest Health Foundation Fund II for the "Justice Reinvestment
Equity Program," to use as subgrants and technical assistance for
culturally specific organizations and culturally responsive service
providers.
A D V E R T I S E M E N T
A D V E R T I S E M E N T
The purpose of the Justice Reinvestment Equity Program is
to promote racial equity, reduce racial disparities, reduce recidivism
and decrease a county’s utilization of imprisonment in a Department of
Corrections institution, all while protecting public safety and holding
offenders accountable.
The Northwest Health Foundation home page expresses their vision for
restoring voting rights is “eliminating laws rooted in white supremacy."
“To achieve equity, our foundation gives our time, money and other
resources to those who are furthest from power but closest to
solutions.â€
This organization is expected to go outside of its mission and
experience, but SB 1510 covers that by appropriating $200,000 to the
Oregon Criminal Justice Commission to monitor the program and
convene a stakeholder group for evaluation. It also modifies the commission’s priorities to give culturally specific organizations and
culturally responsive service top priority.
This legislation moves Oregon away from democracy, decreases
public safety, and the most-impacted are the very citizens these
initiatives purport to serve.
--Donna BleilerPost Date: 2022-02-08 12:14:48 | Last Update: 2022-02-08 12:27:20 |