Think it couldn't happen in America?
Portland, Oregon Police ignore the Bill of Rights in their continued pattern of harassment of Motorcyclists
The following is a copy of the letter that area Motorcyclists have been receiving declaring that they have been designated, by the Portland, Oregon Police Bureau, as a criminal gang affiliate. The criteria for such designation is included. As you can see, just about anyone who belongs to a Motorcycle Organization (ABATE, HOG, Cruisers for Christ, etc.) as well as members of the Elks Club or the Boys Scouts of America could receive one of these letters.
This is not a judicial proceeding. There is no Judge. There is no Jury. There are no rules. You are presumed guilty. The hearing is held in a Cop house. The person who will be overseeing the hearing will be a Cop. It isn't until step 3 (and a few thousands of dollars in legal fees) that you actually get to be heard by a real Judge in a real court of law that respects your Constitutional rights.
Note that the term "criminal gang" requires no substantiation for an organization to be so designated. That is, if the Portland Police Bureau says your group is a "criminal gang", you belong to a "criminal gang" for the purposes of this kangaroo court's proceedings
For those of you who live out of Town, Portland Police Thugs have recently murdered or have directly caused the death of a number of unarmed Citizens. Do not think for a minute that you are dealing with a Law-abiding Agency when you get one of these letters. The Portland Police Bureau is a corrupt, rogue Government organization that will ignore your rights, beat and torture you and may even murder you.
If this whole process scares you, it should.
City of Portland, Oregon
Bureau of Police
GANG DESIGNATION PENDING
A member of the Tactical Operations Division Gang Enforcement Team has made a preliminary determination that there is a clear and convincing evidence that you meet the criteria for designation as a criminal gang affiliate. Unless you request a hearing, as explained below, the Tactical Operations Division Gang Enforcement Team may designate you as a criminal gang affiliate in Portland Police records 30 calendar days after this notice was mailed or hand-delivered to you. If you are designated as a gang affiliate, the designation will remain in effect for four years from the date of the incident on which the designation is based. This information may be provided to other agencies and does not preclude them from using this information for their own designation purposes.
The preliminary determination that you are a criminal gang affiliate is based on information that, within the last three years, you have been a criminal gang affiliate and have displayed the following checked indicator(s) of criminal gang affiliation described in General Order No. 640.05
(Criminal Gang Affiliate Designation Process):
Either one criterion from List "A" or two criteria from List "B" is sufficient for designation.
"A" List (one required for designation) or
( ) A(1) You have admitted or asserted to the police that you are affiliated with a criminal gang.
( ) A(2) You have participated in a criminal gang initiation ritual or ceremony.
( ) A(3) You have conspired to commit, or have committed, a crime.
a. as part of a pattern of street crimes facilitated by the efforts of other gang affiliates which advance your interests;
b. to attract the attention of the criminal gang or enhance your standing with the criminal gang;
a. for the benefit of the criminal gang;
b. to announce the existence of the criminal gang, its membership or its territorial claims; or
c. in response to the race, color, religion, sexual preference, national origin or gang association of the Victim.
"B" List (two required for designation)
( ) B(1) You have displayed knowledge of the gangs history, leadership, activities or rituals in a context which clearly indicates affiliation with the criminal gang.
( ) B(2) You have announced to the police that you were willing to commit assaults, crimes, or make other sacrifices for the criminal gang.
( ) B(3) You wear clothes or jewelry unique to a gang in a context which clearly indicates affiliation with a criminal gang.
( ) B(4) You have used a hand sign or language which, due to content or context, clearly indicated affiliation with a criminal gang.
( ) B(5) Your name appears on a criminal street gang document.
( ) B(6) You are in a photograph with other people who collectively display criminal gang signs or apparel to exhibit solidarity.
( ) B(7) You have a criminal gang tattoo.
RIGHT TO A FIRST-CLASS HEARING, SECOND-STAGE HEARING,
CAPTAIN'S REVIEW AND APPEAL
To request a hearing to contest the preliminary determination that you are a criminal gang affiliate and meet the criteria for designation, you must do the following:
Within 30 calendar days of the date this notice was mailed or hand delivered to you, whichever is earlier, you (or your parent or legal guardian, if you are a minor or under a guardianship) must deliver a written request for a bearing to the Tactical Operations Division Gang Enforcement Team at 449 N.E. Emerson, Portland, Oregon 97211, phone number (503) 823-4189.
To request a hearing you must provide the Tactical Operations Division Gang Enforcement Team with your complete legal name, date of birth and an address for correspondence. It is helpful to provide a telephone number or message number, as well. You may use the enclosed Request for Hearing Form for this purpose.
You are encouraged to accompany your request with a written statement explaining why designation is inappropriate.
If you request a hearing, the hearing will be held within 21 calendar days of the date your request is received by the Tactical Operations Division Gang Enforcement Team. Unless you agree to a later date. This hearing is known as a First-Stage Hearing. At issue is whether there is clear and convincing evidence that you have been a criminal gang affiliate in the last three years and that either one criterion from List A is met, or two criteria from List B have been met in the last three years. At the First-Stage Hearing, you will be given an opportunity to present evidence and argument to a supervisor in the Tactical Operations Division Gang Enforcement Team. At the conclusion of the hearing, you will be advised whether the Tactical Operations Division Gang Enforcement Team will recommend designation.
If the Tactical Operations Division Gang Enforcement Team recommends designation, you may ask for a Second-Stage Hearing which will be automatically followed by Captain's Review. To obtain a Second-Stage Hearing, you must make your request in writing within 10 business days of an adverse decision at a First-Stage Hearing. The Second-Stage Hearing will be conducted within 21 calendar days of the receipt of the written request.
At issue in the Second-Stage Hearing is whether there is clear and convincing evidence that you have been a criminal gang affiliate in the last three years and that either one criterion from List A is met, or two criteria from List B are met. At the Second-Stage Hearing you may present any relevant evidence to a panel of representatives from diverse cultural groups, youth service agencies and neighborhood programs. Within 5 business days of the conclusion of the hearing, the panel will forward a recommendation on designation, along with any dissenting recommendation, to the Captain of the Tactical Operations Division Gang Enforcement Team (or designated Command personnel) for review.
After reviewing the evidence and recommendations, the Captain will decide whether or not designation is supported by clear and convincing evidence and will notify you of the decision by mail. If the Captain determines that designation is appropriate, you may appeal that decision to the City's Code Hearing Officer, who is not a police official. An appeal will be governed by the rules set out in Portland City Code Chapter 22.10.020.
If the Captain of the Tactical Operation Division Gang Enforcement Team Decides that designation is appropriate and you wish to appeal that decision, you must comply with the following requirements:
- Within 10 business days of the mailing of the written decision from the Captain of the Tactical Operations Division Gang Enforcement Team, you (or your parent or legal guardian, of you are a minor or under guardianship) must deliver a written request for an appeal hearing to the Code Hearings Officer at 1120 S.W. 5th Ave., Room 1017, Portland, Oregon 97204.
- The request must contain your complete legal name, date of birth, an address for correspondence, a daytime telephone or message number and a copy of the letter sent to you by the Captain of the Tactical Operations Division Gang Enforcement Team.
Please direct all inquiries concerning this procedure to the Tactical Operations Division Gang Enforcement Team, 449 N.E. Emerson, Portland, OR 97211, phone number (503) 823-4189.
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