02/08/1989 Meeting - Laserfiche WebLink

Home Browse Search

e Ms. Bascom moved, seconded by Mr. Rutan, to adopt the Legislative Committee's recommendation to support HB 2250. Mr. Boles said the bill would put the police in the position of having to predict the future which he considered dangerous in that it would provide a mechanism that could allow abuse. Mr. Rutan responded that stopping an individual for an inquiry in a situation in which a crime is likely to occur is reasonable. Lieutenant Mann clarified that passing by and engaging in conversation does not constitute a stop, but activating lights does initiate a stop. He added that because it involves a detention and not an arrest, the matter is a statutory rather than a constitutional issue at this point. Mayor Miller reported concern in the minority community that its members would be considered most likely to be about to commit a crime, and he asked about protection against this potential abuse of the law. Lieutenant Mann said that California has this law, as do most other states, and any citizen has the right to sue in situations involving violations of civil rights. Mr. Sercombe described the Federal Constitutional standard for a stop as being reasonable suspicion that criminal activity is afoot or that a crime has been committed. He said this statute would bring Oregon law into compliance with that Federal standard. e Mr. Boles pointed out that Representatives Hosticka and Dwyer voted against the bill on the grounds that it is a civil rights issue and could lead to harassment. Mr. Boles concurred with that assessment. Lieutenant Mann reported that on January 31, the bill had passed in the House, 47 to 11, with two abstentions. Mr. Gleason described the issue as being operational. He said citizens would be protected by officers being trained to understand the distinctions of the law, and he added that there is always a delicate balance between society's right to judge and its right to protection against invasion. The motion passed, 3:1:2, with Councilors Bennett, Bascom, and Rutan voting in favor; Councilor Boles voting against; and Councilors Ehrman and Holmer abstaining. Ms. Bascom moved, seconded by Mr. Rutan, to approve the Legislative Committee's recommendation for support of HB 2251. Lieutenant Mann reported that the bill had already passed the House by a 59 to one margin. He described the bill as an attorney's issue that gives the prosecution control of jOinder unless it is prejudicial to the defendant or to the State. e MINUTES--Eugene City Council February 8, 1989 Page 5