Antifa demonstrators opposing a right-wing free speech rally on Sunday. Some of these folks were later caught up in a police kettle.
Antifa demonstrators opposing a right-wing "free speech" rally on Sunday. Some of these folks were later caught up in a police kettle. Aaron Lee

Portland Police Chief Mike Marshman appeared on OPB's Think Out Loud this afternoon to discuss police response to Sunday's largely peaceful convergence of rallies in downtown Portland.

Marshman didn't appear totally in command of the specifics of the police response, and he uttered one blatant falsehood.

The chief told OPB's audience the Portland Police had not required antifa demonstrators (or those marching with them) to have their IDs photographed in order to get out of a police kettle, in which officers surround a group on all sides.

I don't have the precise verbiage of Marshman's response, but the chief stated it was not PPB policy to demand such photographic evidence and that perhaps it was federal police officers who'd demanded photos. According to tons of people who were caught up in the kettle, including reporters working during the event, that's wrong.













PPB spokesperson Sgt. Pete Simpson confirms that Marshman was in error in claiming the ID photos didn't happen, saying: "He had not been briefed on that aspect of the event. I feverishly wrote a note for him but it was too late to get on air."

Simpson says he sent Think Out Loud host Dave Miller a note to correct the record. We've asked whether Marshman was also in error in saying such a practice is outside of police bureau policy.

Update, 1:50 pm: Simpson's recollection of Marshman's comment is that it's not "normal" police policy to demand photos. The episode isn't available for streaming as of this writing.

Marshman's exact words: "I actually have not heard that at all frankly... That's not our practice, we do not do that."

Simpson suggests the photos were in line with the bureau's authority. "There is no particular policy specific to this action and officers can take photos as part of any investigation," he says.

Update, 3:18 pm: Weren't part of the kettle and interested what it was like on the ground? Here's first-person video of the process, and how PPB officers were explaining things.

Update, 6:12 pm: The ACLU of Oregon now says it believes police violated state law and federal rules in forcing demonstrators to submit to photos, and calling the practice "another low for our city."


In a statement this afternoon, ACLU Oregon Legal Director Mat dos Santos wrote the following:

We have received many questions about the kettle, so let me take a minute to answer them:

1. Oregon law does not require people to show identification to the police, unless they are driving.

2. While police may detain someone suspected of committing a crime, they must actually be suspected of committing a crime. It is virtually impossible that Portland Police had reasonable suspicion to stop nearly 200 people including media and legal observers.

3. Photographing the face and ID of every person detained is a likely violation of the Oregon state law prohibiting the collection and retention of personal information based on political beliefs.

4. If the information was subsequently entered into a federal database, Portland Police also likely violated federal privacy rules.

We are troubled by the continued crackdown on protest by Portland Police and cooperating agencies, but the kettling of individuals and refusal to let clearly innocent people free until they had been documented was another low for our city.