Portland Police Audit Finds Holes In How Protesters Were Monitored

PORTLAND, OR — Portland police didn't always follow procedures when collecting information on protesters during the 100 or so days of protests that erupted in 2020 after the killing of George Floyd. That's the conclusion of a new report by city Auditor Mary Hull-Caballero.

"Keeping information about political activity and using surveillance technology without safeguards infringes on First Amendment rights," the audit said.

"Police need direction about what to collect and a process to manage records when there is no criminal activity. The bureau also needs improved technology policies."

Chief of Police Chuck Lovell took issue with some language used in the audit but agreed at least in part with all of its recommendations.

Mayor Ted Wheeler, who also serves as police commissioner, said that he will make sure that the city enacts each of the recommendations, at least in part.

The report conceded that because the streets were filled with a mix of peaceful protesters and others who were lighting fires and vandalizing property, it was a "difficult challenge for police to enforce laws while safeguarding people's civil rights."

Hull-Caballero's staff concluded that a lack of safeguards on surveillance and intelligence gathering can do the following.

• Stifle free speech and the right to association.
• Create irrelevant information.
• Harm innocent people.
• Generate of a sense of vulnerability.
• Allow for abuse.
• Make communities less safe.

In reviewing the actions of Portland police in 2020, auditors found several shortcomings, including that officers did the following.

• Collected information about protesters without documenting why they were doing it.
• Kept information on protesters without safeguards to make sure that the information was not misused.
• Didn't do enough to make sure that the bureau's surveillance technology wasn't misused.
• Monitored social media without direction.

The auditors also dinged the police for missing a strong opportunity to build trust with the community.

The audit concluded that the police bureau's "use of aircraft evoked fear in more community members and protesters ... than other intelligence-gathering or surveillance tools. People were concerned that the bureau used its airplanes to collect information on individual protesters."

To check out the validity of those concerns, auditors not only reviewed nearly two dozen recordings made from the airplanes to see what could and couldn't be seen but also accompanied pilots on flights to get a firsthand look.

They "could not identify individual people or vehicles," auditors said. "The bureau missed an opportunity to alleviate the community's fears about the intrusiveness and use of the plane by not sharing the information publicly."

Auditors offered the five following recommendations for improvement.

1. Adopt a directive related to investigating First Amendment activity that provides guidance for the appropriate collection of information to protect people’s civil rights.
2. Create a procedure that limits access to sensitive information and promotes compliance with state law about collecting and maintaining political, religious and social information that is not associated with criminal activity.
3. Adopt a technology directive that includes City Council authorization of surveillance technology, advice from a privacy commission and requirements for policies and reporting.
4. Add to the social media directive guidance for its use for investigations and a requirement to document the law enforcement purpose for searching individuals and groups.
5. Publish public reports on the bureau’s use of surveillance technology to ease the public’s concerns about inappropriate intelligence-gathering and how devices are managed to prevent it.