Quote (thesnipa @ Jul 23 2020 01:45pm)
this is called detainment, a process by which you're not under arrest but also not allowed to leave as you're in question. it comes down to probable cause versus reasonable suspicion, and the precedent isn't exactly 1:1 with an ongoing turbulent protest.
whether this type of detainment is legal or illegal and a violation of the FOURTH amendment will likely be a case for the SCOTUS, i tend to agree it's illegal per the constitution but im fairly understanding given the reality of these situations. its a crazy situation to try and pick firebomb or rock throwing violent people out from simple protesters.
There's more than that. If it's a violation under state law there's lesser restrictions, but those laws have rules about who can enforce them and if they're allowed to show up to enforce them. The federal troops being referenced are there to "protect federal property" so unless they get specific permission from OR or a federal order they aren't necessarily empowered to make the arrests or detain at all if they didn't witness a crime.
It's a big can of worms, but these are likely illegal, and more-so are likely being used to suppress free speech rather than have a good faith execution of the law.
All of this is also ignoring the accountability issue since the officers aren't specifically identifiable.