Tags: George Floyd Protests | Law Enforcement | nyc | police | legal aid society | aoc

NY Judge: Protesters Can Be Detained Longer Than 24 Hours

group of protesters hold up a banner and posters and walk through the streets
Terrence Floyd, brother of George Floyd, walks with activists across the Brooklyn Bridge during a rally in response to the killing of his brother by Minneapolis police in the Brooklyn borough of New York City. (Justin Heiman/Getty Images)

By    |   Friday, 05 June 2020 01:21 PM

A New York Supreme Court judge ruled that protesters can be held by the New York Police Department for more than 24 hours, The New York Times reports.

The decision by Justice James Burke was in response to a lawsuit filed by the Legal Aid Society. The petition called for the immediate release of protesters, who were arrested and held for more than 24 hours, which is a violation of the state’s “24-hour arrest-to-arraignment requirement."

“It is a crisis within a crisis," Burke wrote in his ruling, referencing coronavirus and the protests. "All writs are denied.”

Hundreds of people in New York City have been arrested for protesting the death of George Floyd, a black man who was killed by a white police officer in Minneapolis. In New York, some of the protests have turned violent and destructive.

Burke’s decision to side with the police department and agree that arraignment delays were justified was blasted by New York lawmakers and activists. 

"Civil liberties protect ourselves from governments using 'crises' and 'emergencies' as justification to dismantle our rights," tweeted Rep. Alexandria Ocasio-Cortez, D-N.Y. "This is suspension of habeas corpus, it is unconstitutional, and it is deeply disturbing that both NYPD is seeking it and a judge rubber stamped it."

In a tweet late Thursday, the Legal Aid Society wrote it "strongly" disagrees with Burke's ruling.

"As of 6 pm tonight, 160 NYers citywide remain in custody 24+ hours after their arrest, which is some progress, but 160 NYers too many," the group said. "We'll continue to monitor this situation and we are ready to appeal if necessary."

New York police and prosecutors estimate more than 2,000 people have been arrested on charges such as disorderly conduct, resisting arrest, unlawful assembly, assault on a police officer and burglary. Most were released with a desk appearance ticket, which requires them to return to court at a later date. But some have been stuck in jail awaiting a court appearance, according to The New York Times. 

Court officials acknowledge there is a delay in processing the large number of arrests, the newspaper reports. They blamed the cops and prosecutors. 

“It is a process that is taking a far longer time frame than is customary,” Lucian Chalfen, a spokesman for the Office of Court Administration, said in a statement to the newspaper on Wednesday.

Chalfen said the court did add more virtual arraignment time slots, including an overnight arraignment session from 1 a.m. to 9 a.m.

Most of the people awaiting arraignment were charged with burglary, Chalfen added.

Senior attorney for the Legal Aid Society Marlen Bodden rejected the police department’s argument that the delays were necessary during the Thursday court hearing.

"The NYPD has no excuses with its 38,000 police officers and the best technology in the world, with all the money they are being given,” Bodden said. “They have no excuse to not process them in a timely manner."

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A New York Supreme Court judge ruled that protesters can be held by the New York Police Department for more than 24 hours, The New York Times reports. The decision by Justice James Burke was in response to a lawsuit filed by the Legal Aid Society. The petition called for the...
nyc, police, legal aid society, aoc
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2020-21-05
Friday, 05 June 2020 01:21 PM
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