Police handcuffs

(File photo)

On a late summer night when two Portland police officers grabbed the arms of a 16-year-old boy and tried to handcuff him on a North Portland sidewalk, a crowd of 20 to 30 bystanders watched in anger.

Many saw no reason for the officers to detain the teen, Thai Gurule, who had been breaking no laws when he was walking with his brother and a friend shortly after midnight on Sept. 14, 2014.

The crowd grew angrier as the officers took Gurule to the ground and began to punch him, knee him, pull his hair and ultimately use a Taser on him as he tried to move away from them. A judge Thursday acquitted Gurule of any criminal wrongdoing.

But even so, the encounter -- caught on video by spectators' camera phones -- has led many readers to ask what rights do members of the public have when they believe they're unlawfully stopped by police?

We try to to answer those questions here, with help from the American Civil Liberties Union of Oregon and its "Know Your Rights" guide. Portland police spokesman Sgt. Pete Simpson also chimes in.

What should you do if a police officer approaches and starts to talk to you?

You should always be polite, and answer the questions that you feel comfortable answering, said David Fidanque, the executive director of ACLU of Oregon. If you don't want to talk to the officer, you should ask "Am I free to leave?"

If the officer says no, you should stay put. But you don't have to answer any questions if you don't want to, Fidanque said. You always have a right to remain silent.

If an officer asks for it, do you have to provide your name? Show identification?

No, you don't have to tell the officer your name or carry identification, Fidanque said. But it will probably keep the interaction civil if you identify yourself.

If you're under arrest, it's a good idea to provide your name, but again, you have a Fifth Amendment right to not incriminate yourself and can refuse, Fidanque said.

"What I'd say is 'You give me your business card, I'll give you my name,'" Fidanque said.

What if police want to pat you down?

The ACLU of Oregon advises that you ask "Do I have a right to say no?" If the police say you must comply, you should comply.

"Even if they were wrong, complain about it later," Fidanque said.

People can file a complaint with the Police Bureau's internal affairs unit, with the Independent Police Review Commission and possibly even a civil lawsuit.

A civil suit, really?

It does happen. In November 2012, a Multnomah County Circuit Court jury awarded $11,250 to a 29-year-old man who was arrested and taken to jail after he refused to let a police officer dig through his pockets in Old Town Portland.

Jose Gasque had been sitting on a curb and waiting for a friend to finish smoking a cigarette when an officer asked for identification, then asked to search his pockets. Gasque thought the officer was violating his Fourth Amendment right protecting him from unreasonable searches. He pulled out an ACLU "Know Your Rights" guide, told her so, then peacefully allowed her to take him into custody.

What should you do if the police try to handcuff you?

Let them, Fidanque said. Even if a judge later determines that the reason for the stop or arrest is unlawful, people can be and have been convicted of resisting arrest.

That's because Oregon law states: "It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person."

How might race factor into some police encounters?

Fidanque thinks that peacefully complying with being taken into custody can be difficult in the heat of the moment, particularly for some young people who are minorities and feel they've been wrongfully and disproportionately targeted by police.

"It's one thing to encourage people who are stopped to be polite," Fidanque said. "But it's also hard to do when this type of thing happens frequently with no good cause. Tempers can sometimes boil over.

"As sensitive as the Portland Police Bureau may be in its training and practices, they have to deal with that legacy on a daily basis," Fidanque said.

What if you're a bystander, and the police tell you to back off?

Fidanque advises bystanders to back away, then complain later.

"Number one, always stay a safe distance," Fidanque said.

What if police tell you to stop video-recording?

Fidanque said that right is protected by the Constitution. If the officer tells you to stop video-recording, Fidanque said you can respond: "I'm exercising my constitutional rights."

But Fidanque said that might not go over well with some officers.

"Quite a few people have been arrested for interfering with a police officer for videotaping in a place where police thought they were too close," Fidanque said.

House Bill 2704 aims to clarify Oregon law to state that the sole act of video- recording police doesn't constitute the crime of interfering with police. The bill is sponsored by Rep. Lew Frederick, D-Portland, and had a committee hearing Thursday afternoon.

What's the Portland Police Bureau's take on all of this?

"From the police perspective, you should do everything you're asked to do," said Simpson, the bureau spokesman. "What you're legally obligated to do is different."

Simpson, for example, agrees with the ACLU that people don't have to identify themselves to police. But Simpson notes that civility with the police goes a long way.

"It's hard for an officer to stop someone, and the person is obstinate and they won't talk," Simpson said. "It's much less likely that the officer is going to offer discretion in those instances when they're confronted with immediate resistance, verbal resistance."

But what about police. How should they act?

The advice to be civil goes both ways, Simpson said.

"We expect officers to be polite and respectful with members of the public," Simpson said.

Simpson said that's often why police won't immediately tell someone they're being legally stopped.

"That may not be the first thing the officer is going to say to a person, because it almost puts the person on the defensive," Simpson said. "It may not be the best way to start off a conversation. ... The officer might (instead) say, 'Hey, can I talk to you for a second?'"

Talking with the person, rather than writing a citation for minor infractions such as jaywalking or littering, might be all the officer wants to do, Simpson said.

"Officers have a lot of discretion, and a lot of it is how things go," Simpson said.

How does the bureau feel about civilians asking questions in return?

Simpson said civilians are free to politely ask officers "Why did you stop me?" and "Am I free to leave?"

"They're absolutely legitimate questions," he said.

Simpson wouldn't, however, recommend people who are asked to identify themselves, to respond by asking for the officer's business card in return.

"That's not fostering a good relationship," Simpson said.

And what about bystanders?

"There are people who are very concerned about police interactions," Simpson said. "No problem: Watch it. Film it. Be a witness. Just stand back. ...You can film the police all you want, just stay out of the way."

After the encounter is over, Simpson said don't be shy about approaching officers and asking what happened. Often times, officers will share some explanation, such as they were taking a shoplifter into custody, Simpson said.

-- Aimee Green

503-913-4197