A legal analyst has warned that the arrest of a Chicago TV producer by U.S. Customs and Border Protection (CBP) agents on Friday could have been a direct violation of a recent court order in the city.
The Department of Homeland Security (DHS) confirmed her arrest in a statement to Newsweek stating that she “was placed under arrest for assault on a federal law enforcement officer.” As did WGN though it mentioned Immigration and Customs Enforcement (ICE) instead. WGN added no charges were filed were filed against Brockman.
Stern shared on Bluesky a screenshot of the temporary restraining order’s text, which reads: “It is hereby ORDERED that Defendants, their officers, agents, assigns and all other persons acting in concert with them (hereafter referred to as ‘Federal Agents’), are temporarily EN/joined in this judicial district from: a. Dispersing, arresting, threatening to arrest, threatening or using physical force against any person who they know or reasonably should know is a journalist, unless defendants have probable cause to believe that the individual has committed a crime.”
At time of writing, Newsweek has found no video evidence, released by the DHS or other sources, showing Brockman assaulting federal agents.
According to WGN, Brockman was released from federal custody at 3 p.m. on Friday, local time, and no charges were filed against her. As of 6 p.m. on Friday, the TV station said, a spokesman for the U.S. Attorney in Chicago had confirmed no charges had been filed in Brockman’s case.
Is it only a TV trope that you have to let someone go after 24 hrs unless you formally charge them?
Legally the time limit varies, but you generally do have to be arraigned by a judge within a certain about of time of the arrest. You also have the right to a speedy trail, but that right is often waived. For both “clocks” there are a number of things that can pause or reset the clock, because nothing is really simple in a federalized system.
Also, according to judges, there are a number of policing actions that are being done in violation of the law, so they might violate the laws in other ways too.
I don’t think so? I didn’t even know that was a trope Normally they just don’t forcibly handcuff people for no reason and place them under arrest (at least with a huge crowd watching and recording).
Typically what happens when police want to charge you with something, but they don’t have evidence, they’ll say we want you to come in and answer some questions, and it’s your right to refuse. Bc if they could actually force you to come in, they would just arrest you instead of asking.
I’m not sure how it works in cases where some random person apparently targeted you and called for your arrest without any sort of step 2 plan other than maybe hoping you just wouldn’t ask for a lawyer and refuse to talk?
If they held you until your lawyer arrived, even a mediocre lawyer wouldn’t say after 24 hours we can go, they would ask what you’re being charged with, and if the cops didn’t have anything they would say we’re leaving right now (which is probably what happened here).
I know when the feds raided that apartment building in Chicago they broke down doors, pulled people from their beds, and put at least one elderly man in handcuffs for absolutely no reason, and refused to let him contact a lawyer until they could figure out who he was.
That is even worse than charging somebody with “precrime.” Imagine some masked assholes breaks down your door, pulls you out of bed, puts you in cuffs, ignores your requests to contact lawyer, and tells you to chill the fuck out until they can figure out if you’re a threat.
Certainly starts to make the 2nd amendment make sense
It depends. Are you talking about somewhere with the rule of law? Or a dictatorship like the USA?