Bill would unlock tightlipped witnesses 06/01/2005
Associated Press
Criminals have the right to remain silent, but a bill sponsored by two retired detectives would require witnesses to talk.
House Rep. Jeff Barker, D-Aloha, said the impetus for the legislation was the murder of a Portland girl last year. None of the witnesses would speak when police arrived to investigate.
The bill, which passed the House 39-20 on Tuesday and now goes to the Senate, would make it an infraction to "fail to identify" oneself, and would allow police to take suspected witnesses into custody if they don't supply their names. The reluctant witness could be photographed and fingerprinted at the police station and face a $720 fine.
"They would not have to make a statement," Barker said. "It doesn't seem to me to be a huge deal to identify who is at the scene of a major crime."
Civil libertarians, however, say the measure violates the rights of innocent people.
"Law enforcement officers can and do ask people questions, particularly those who may have witnessed a crime, as long as the person is willing," said Andrea Meyer, legislative director for the American Civil Liberties Union of Oregon. "But at the same time, nobody can be required to talk to law enforcement. The Constitution does not allow government to detain a person who is not even suspected of criminal activity."
Under the bill, the crime under investigation needs to be a felony, and officers would need to request witness information within six hours of the commission of the crime.
Support for the legislation broke mostly along party lines, with most Democrats opposing the idea brought forward by their colleague, Barker, and most Republicans in support.
Rep. Tom Butler, R-Ontario, who was one of the few Republicans to oppose the bill, said he expects it will be overturned.
"This is far too reaching," he said. "Hours after the commission of a crime, law enforcement can nab people who happen on the scene of a crime and may have been hours away when it occurred."
The co-sponsor of the bill, former narcotics detective Rep. Andy Olson, R-Albany, said there are some instances when the ability to identify a potential witness could be essential, such as when a killer is on the loose.
"If there is a homicide but a victim clams up, you have got to do something for the protection of the community," Olson said.