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A man charged with possession of illegal drugs on a Trimet bus alleges he did not have any illegal drugs on him at the time—giving potential cause for a constitutional rights lawsuit.

The issue, here, is not whether Jack McClellan is a self-professed pedophile (which he is) or that he has made comments on his website about using illegal drugs (which he has). It’s about a man’s constitutional right to be free from unreasonable seizure and retaliation for his free speech by police. From Helen Jung’s great story in this morning’s Oregonian:
“It’s not a typical approach” for police to cite a person for a crime they knew of only by reading a Website, [Trimet spokeswoman Mary Fetsch] conceded. “It’s an unusual circumstance.”What is it with the Police Bureau and the constitutional rights of alleged sex perverts this week? Yesterday we had an alleged peeping tom beaten shitless by a neighbor with no consequences for the alleged aggressor, now this.
“If the facts are as Mr. McClellan alleges, there would be serious concerns in the way TriMet police have used their power to deprive an innocent person of his liberty,” says Alejandro Queral of the Northwest Constitutional Rights Center. “Clearly, society has a most important interest in keeping children safe, but it must balance this with respecting individual rights. So, while law enforcement has a legitimate interest in ensuring that a self-admitted pedophile does not hurt anyone, our legal system requires that police have probable cause to believe that Mr. McClellan has committed or is committing a crime. It is not sufficient to just have a hunch that he might have illegal drugs because he admits to using them on his website to deprive him of his liberty to move about freely.”
Three Portland Police officers have been accused of acting on perversions on duty in the last year. Police spokesman Brian Schmautz is yet to return a call for comment on this case.
When Brian Schmautz calls back, that's exactly the question I'm going to ask him.
McClellan is an IRL troll. Please do not feed the troll.
All the years I've rode tri met, never have I seen a bus stopped for 'fare checks' - that is what the driver is supposed to do.
Yep. I don't disagree he's a menace—but I'd fight for his right to free speech. As, I would think, would most Portlanders?
Didn't the peeping tom have a gun also? Didn't he shoot the gun.
Peeping+shooting gun=deserved to get beaten shitless by neighbor who caught him
Fare Checks used to be more common, but TriMet has been diverting funds away from safety and towards "improvements" and higher salaries. Want to see a "Fare Check" first hand? Joy Ride by staying on the bus for a couple of hours. Just like this fucking Pedo.
The police are going to harass the citizens (throwing their weight around is a reason why these people become police), in this case I am glad that their targeting was of a person who targets children. Unfortunately it sounds like the police went too far with the drug ticket. Another lawsuit for the city?
The Powell bus at a certain time of night, around 60th I think, used to get fare checks. I don't know why that location and that time.
So Matt, you are sticking up for a pedophile now? What the Tri-Met Police did was a HUGE favor to our area. It got rid of this piece of worthless trash. GOOD JOB TRANSIT POLICE!!!
Would they arrest Dick Cheney for outing Valerie Plame?
Would they arrest the Mercury staff for aiding and abetting Prostitution and UPPA [sure guys, they are just escort service ads - wink!].
Would they arrest the sponsors of a marijuana decriminalization measure who talked about having tried marijuana?
Would they arrest a cop who shot a guy in the back leading to a $500,000 settlement?
No, of course they wouldn't - but if they do a fare check (which they occasionally do after a bus leaves fareless square) and are ticketing or excluding you for not having a fare [or their idea of supporting documentation for your fare] and your name goes nuts with crazy pedophile stuff and red lights go off when they type it in their computer, you can't really be surprised if they choose to exercise their autority to the maximum extent which may include charging you with every possible thing they can even if they don't have a chance in hell of proving it or getting it past the DA.
Also, it wasn't a "drug ticket." It was a 60 day system exclusion from Tri-Met for drugs and riding the bus to long. Get the facts right just once Matt.
"Great..." sounds like the simpleton law-
enforcement types (usually rightwingnuts
as well) that have low comprehension skill
as to their reading of the law, and then
not being able to retain the full scope of
what was read in their simple minds, they
then go about enforcing "what" they think
it meant...usually getting it wrong. And
to think, Rosie wanted to lower standards
so even dumber dumbasses can get in on the
action.
He was cited for possession of drugs. That's a ticket.
"your name goes nuts with crazy pedophile stuff and red lights go off when they type it in their computer, you can't really be surprised if they choose to exercise their autority to the maximum extent which may include charging you with every possible thing they can even if they don't have a chance in hell of proving it or getting it past the DA."
—He's never been convicted of anything pedophile-wise. These officers knew him.
And yes, I'm defending this man's right to free speech. I don't care what he's saying.
Matt, you simple minded fuck. You are not "defining" anyones rights.
Rights come with Responsibilities.
Research something.
You corrected your spelling, good job.
Yep. I'm not Thomas Jefferson.
Everything this guy says may disgust me just like everything Rush Limbaugh and Fred Phelps says disgusts me. As sick as these fucks are they have every right to say what they say. If you don't defend that right one of these days someone will tell you you can't say what you want. He should have got a ticket for not having a valid fare. I used to get checked monthly by Tri-Met when I rode the 14. The drug charge was a bit beyond the Police's rights.
I am tired people using the simple minded "Freedom of Speech" phrase. There is more to it than three words. Read it and try to understand it.
"Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
We are not granted the right to say anything. We are protected from Congress making any law that would limit our rights. Even so, certain speech IS restricted:
We are not allowed to yell "Fire!" in a crowded room. We cannot say we are going to kill the President. We cannot incite anyone to break the law.
Are you really all so mentally simple that you can only remember the catch phrase "Freedom of Speech"?
Rights come with Responsibilities.
Stop making assumptions, ignore your opinions and research something. Fuck.
But under the constitution, we are allowed to say "I use illegal drugs and fancy little girls," without getting arrested.
I don't, and I don't, for the record. But I could say I did, and you couldn't stop me. That's the point.
Yes, mostly correct. But, he was arrested for riding on the bus without a destination, AKA Joy Riding.
And who is the quote from? I don't recall him ever being quoted saying that. Nor, found any quote where he ever used the term "fancy".
Of course the police knew who he was, he came into this city looking for trouble by announcing his intentions and habits on TV news. It is the job of the police to be aware of these threats to society. (Yes, people who want to molest kids are threats.)
You (Matt) are not defending anyones Rights, you are profiting from peoples activities by reporting it to others. Simply put, you are a Profiteer not a Defender. Unless you are willing to work Pro-Bono?
wow. matt davis has his head up his crack. what is new? nothing. i wish he could do us all a favor and move out of town or simply stop spewing his absolutely one dimensional elementary pov's on the rest of us. matt...ever heard of the metaphor of peeling back the layers of an onion to get to the root causes of things? why must you always be the loudest voice with the lamest arguments?
ugh.
please go away.
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I think the pedophile guy is an asshole, and I'm glad he's on his way out of Portland (especially since he was caught on the bus that rides through my 'hood), but, yeah, the method of arresting him for drug possession kind of concerns me. It doesn't make any sense at all--how can you arrest someone for a crime because they've admitted in other venues that they like to commit that crime? Would they arrest Willie Nelson for a drug offense if they saw him on the MAX?