MIAMI -- Amid new arrests Friday, dozens of free-trade protesters already in custody appeared before judges as public defenders and activists raised concerns about possible civil rights violations.

Attorney Marc Alain Steier holds up plastic bags containing alleged objects used against the demonstrators late Thursday, Nov. 20, 2003 in Miami. Police in riot gear fired rubber bullets and tear gas and used batons, plastic shields, concussion grenades and stun guns in clashes Thursday with hundreds of demonstrators protesting talks aimed at creating a hemisphere-wide free-trade zone.

At issue in many cases: whether police had a reasonable expectation that a crime would occur when they stopped protesters on the street, searched their belongings and arrested them.

Charges ranged from disorderly conduct to aggravated assault on a police officer.

''We think the Fourth Amendment was completely suspended this week, and we're very frustrated with that,'' said Lida Rodriguez-Taseff, president of the Miami chapter of the American Civil Liberties Union.

''There's a clear pattern with police stopping protesters, searching them, confiscating items that are completely legal, destroying property and, in many cases, letting them go after violating their rights,'' she said.

With the final arrest count still rising, the tally was 222 arrests related to the Free Trade Area of the Americas summit, which ended on Thursday, a day early.

THE BASIS OF ARREST

In court Thursday and Friday, lawyers argued that the state filed charges without basis, and in a handful of cases, that bond was being artificially inflated. Some also complained about glitches in processing, such as not having a chance to review arrest reports before advising their clients on plea deals.

Miami-Dade Public Defender Bennett Brummer said he wasn't in a position to make an overall assessment of the quality of the arrests because his office has been focusing on speeding up releases.

But he did predict many of the cases would be dismissed eventually.

''In situations similar to this in Miami and across the country, the pattern has been to to maintain order, make arrests, and then to dismiss the charges later,'' he said.

He said governments must find a way to balance the tension between public safety and civil rights. If a questionable arrest is made in those situations, it's up to the courts to remedy it quickly, he said.

A Miami-Dade police officer trains his weapon on demonstrators after they refused to disperse in front of the Miami-Dade County Jail Friday, Nov. 21, 2003, in Miami.

In his view, the court system is working exactly as it should be.

''After we got off to a little bumpy start, I think the court system is responding expeditiously, promptly and justly,'' he said. ``I think the people who were in bond hearings today are being treated in a respectful and professional way.''

But even if the charges are dropped in many of the cases, arrests without legal cause can still have harmful consequences, warned University of Miami law professor Bruce Winick, who teaches constitutional law and criminal procedure.

''That's the sort of things that might chill the exercise of protected First Amendment rights,'' he said. ``We don't want to deter people from coming out and protesting in a lawful way.''

Two other advocacy groups -- the Citizens Trade Campaign and Public Citizen's Global Trade Watch -- sent letters Friday to the Miami police chief and city attorney complaining of police intimidation and harassment of their workers and at their Miami offices.

THE BOND HEARINGS

Throughout the day Friday, protesters had their hands cuffed behind their backs as they appeared at bond hearings via video camera from two Miami-Dade jails. Most appeared in their 20s, although several older union members were among those arrested.

One steel worker, Luis Corona, wore a white T-shirt emblazoned with ''FTAA SUCKS'' during his hearing.

In three of 14 felony bond hearings, Circuit Judge Gerald Klein threw out charges of possessing burglary tools -- gas masks, knee pads and grappling hooks were among the items.

Klein said there was no evidence suggesting the defendants intended to use the items to commit a burglary.

Felony charges that stuck included resisting arrest, assaulting a police officer and using a deadly weapon, such as throwing rocks.

Klein set standard bonds for defendants, most ranging from $1,000 to $7,500. He set $10,000 bonds for defendants accused of hurling rocks at police.

Circuit Judge Ivan Fernandez heard the misdemeanor cases, setting standard bonds of $500 to $1,000 in most.

The judge increased bonds to $5,000 when defendants refused to give their names or answer other questions.

In a few cases, the prospect of more jail time ended their silence.

Scott Pinkleman, 19, first refused to answer how far he'd gone in school. Fernandez told him if he didn't answer he would withdraw the state's offer of a plea deal that would set him free immediately.

''High school,'' said Pinkleman.

Jason Grotto and Liz Donovan contributed to this report.

Copyright 2003 Miami Herald

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