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Sunday, May 19, 2024

Knowing Your Rights

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Knowing Your Rights
Knowing Your Rights
What rights do people have when being arrested.

As we mentioned earlier ... this weekend's confrontations between police and protesters have raised several legal issues for those both hurt and arrested.

Fox 55's caleb saylor tonight spoke with legal experts on whether they think the punishment matched the alleged crimes.

He's live downtown to tell us more.

Caleb?

Hunter after the first night of protests led to doznes of arrests sheriff david gladieux says a judge gave officers the right to detain people without bond for 72 hours over the weekend.

This has raised the bigger question of what's legally allowable during a protest.

Take pkg.

"that's an o.r.

They go in, get their picture taken, get fingerprints, and right back out the door and that's going to be that.

Yeah judges have the authority to do that."allen county sheriff david gladieux said they have the legal right to detain protesters over the weekend without bond.david frank, the president of the indiana chapter of the national lawyers guild confirms that's allowed by law.

"when you're being held over the weekend, obviously you're not immediately able to go in front of a judge, but they should be being released at their initial hearing unless there's some sort of extraordinary circumstances."

However, what frank says isn't legal is some of the events that took place at the protests.

"say a protester is in the street, they haven't dispersed and they're sitting down, they're violating the law, but they're acting non-violently.

Again, that doesn't give an officer carte- blanche to use whatever force they want against that individual, it has to be reasonable in the situation."

What he's referring to are incidents like that involving balin brake, who lost his eye after a tear gas canister struck him in the face.frank says use of tear gas, as long as it's just a mild irritant can be seen a reasonable.

But shooting them toward people and whether it skipped off the ground or not, could mean the agency is liable.michelle kelsey is a professor of communications at purdue fort wayne studying protests throughout history.

She says the biggest issue for protesters is while they may be breaking the law, the response must be proportional "there is, i think a distinction between one protester, for example, tossing or throwing a water bottle at police officers who are in riot gear and the response being to tear gas an entire intersection of protesters."kelsey says this is partly what the civil rights movement was about, civil disobedience to raise awareness.

And she says the legality discussions could have been avoided if we saw on friday what we saw on sunday.

"de-escalation tactics, that police know about, are trained in, can work in these types of groups, it just can't be dis- ingenuous."

Live out: frank says he's working with other members of the indiana chapter of the national lawyers guild to help connect those who feel they were wrongfully arrested or injured during the protests this weekend.reporting live in fort wayne, caleb saylor fox 55 news.

If you have legal concerns about the protests this weekend, you're encouraged to reach out to

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