in front of me but you can see how the chicago police have tried to contain the protesters to this one street corner. what had been the tactic is just letting them move back and forth as quickly as possible, but at some point, they got caught between lights and the chicago police started to push them off the street and made the announcement that if they were in the streets, they would begin to arrest people. and that appears to have happened to at least three people. we're hearing from other protesters. i was too far back to see it myself. from what we understand, three people were taken away in one of the chicago police vehicles. so now they're just standing here on the street corner in this faceoff with police and they are saying that they want to be able to walk. what had been the tactic and you saw it in new york is that they had been moving as quickly as possible to try to avoid arrests.

perhaps the chicago police department, seeing what happened in new york, locking the entrances to the major stores and the l and that officer back there, he just said that if you are in the street, not on the sidewalk, you'll be -- >> blocked here, here we go. this is your second warning. get off the street. >> go this way. >> reporter: the officer just said he wants this corner cleared or he will begin arresting people. it is a little confused because we're on the sidewalk but he said it's an area he wants cleared off. >> it's a public sidewalk. >> looks like he'll make another announcement. one second. >> you're blocking the crosswalk. you need to clear out. >> reporter: we're standing on the sidewalk. i'm not sure why he's asking the crosswalk to be appeared. the crosswalk appears to be where the police are. you can see the pavement, this appears to be sidewalk.

>> you can see the protests organizing there, trying to get people to go around. starting to move. kyung, we'll check in with you. a little past 9:00 p.m. about two minutes past 9:00 p.m. here in new york. protesters have been marching through the cold rain, apple store, macy's. huge department store in new york. grand central terminal. chanting "i can't breathe, i can't breathe, i can't breathe." the last words of eric garner falling silent. this is one of the busiest train stations on earth, groups of people quietly at times voising their anger, outrage, fear for a third straight night. frustration at the grand jury decision not to indict the police officer who put him in a choke hold and also put his knee on his back, compressing his chest on the ground. protests in manhattan, miami, harvard square, outside boston,

chicago tonight. again, demonstrations have been overwhelmingly peaceful, noticeably diverse and broadly tolerated by local police. the images have been nothing short of remarkable. going to miami, brian anders from wfor in miami. what are the protests like now? >> reporter: this is happening in the arts district right now hosting one of the events. the people in miami for this, the protesters out here in a group called the miami committee for state violence went on twitter and say, we want to protest the disruptive arts show. marching through the arts district raising their hands, raising their voices and really shutting down traffic. traffic was snarled. they made their way up to i-395. miami is miami beach. as you said, anderson, no arrests.

very peaceful. they circled back around and probably did a 20 block loop and came back to where they started on that 36th street if you're familiar with miami where the arts district begins and now they are starting to go home. they say they may be back on tuesday. >> brian andrews, i appreciate that. let's go to jason carroll who has been following a group of protesters throughout the streets of new york. jason, they left grand central terminal and how big is the group of protesters if you can give an estimate? >> reporter: it's still about the same number, anderson. we're now at bryant park. they staged a die-in here in front of the christmas tree and now they're starting -- they're going to be on the move again. something that happened a few moments ago, i ran actually into a protester who i met down in st. louis in ferguson. one of the organizers there. he said the minute he heard about what happened to eric garner, he started organizing protesters up here.

that gives you a sense of how some demonstrators move city to city based on a particular cause. this is something that immediately touched his heart and made sure he came up to organize this demonstration. it's amazing what we saw tonight in terms of the group here. smaller than what we've seen in the previous nights. as you know, anderson, not thousands on the streets of new york. more like hundreds. i think this is probably at this point the largest group at about 200 plus. they started at columbus circle. staged a die-in at apple and then marched through the streets, stopped at macy's. then stopped at grand central. it's going to be interesting to see where they head to next. perhaps times square. it's been peaceful as we've seen so far. at one point, police managed to get people off the street on to the sidewalk. it's interesting the police response here versus chicago. i was listening to my colleague, kyung lah, you had a

conversation about the chicago police response and containing the situation. much different in new york where they're allowing them to freely move about into and out of stores as they go. so long as they don't stay too long. smaller numbers than what we saw last night. smaller group but very much a determined group. anderson? >> how do protesters know where they're heading next? it seems like, does word just pass from those who are in the lead there? >> reporter: well, what they're doing -- exactly. you've got someone at the lead end of the group here talking to someone at the tail end of the group. communicating via cell phone and walkie-talkie and headsets here. that's how they're communicating back and forth. in terms of what they're going to do next, i am now hearing that they are going to try to head over to times square and we'll see if that works. i'm going to stop here to give

you a sort of vantage point. there's the top end of the group and behind me, the group coming there from the back. that's what they're doing here. moving slowly through. police have been escorting them out on the street through on foot. also, in terms of on motorcycle as well. so it's just been interesting to hear their perspective of what they're saying. they're saying they're going to continue marching. it's a lot smaller tonight but hoping that throughout the weekend, the numbers continue to grow. anderson? >> jason carroll, thank you very much. in washington, athena jones has been moving with a group of protesters now for the last hour. she joins us now. athena, where is the group now and approximately what size are they? >> reporter: hi, anderson. well, we are now in northwest washington, d.c. we covered several miles by now. the group has been growing over the last couple of hours. it should be the size of about 300 right now.

it's been mostly peaceful. there was a real moment of intensity of about three blocks away up a hill where there were several police officers surrounding the group and there was an balance that tried to get by. briefly blocked and the organizer shouted to make way, make sure it did not block the ambulance. so they let the ambulance go by. so there was a little bit of a tense moment there, but as you can see, they are moving quickly. they are still chanting. no justice, no peace. no racist police. they're urging people on the sidelines to join the group. and they're continuing to march as they talk about the need for better police training, being into racial profiling and pledging over and over again to keep this up. the protest organizers said until things change, i'm going to shut things down everyday.

so that's what we're seeing here. >> throughout the protests, we've seen moments of silence. let's watch as protesters are now pausing in the streets. >> reporter: all right. >> interesting to hear the silence after hours of protesters marching to suddenly hear such a large group fall silent in the middle of a city street. we'll check in with you, athena jones. we'll take a break. watch 360 on your dvr wherever you'd like. up next, officer daniel pantaleo, his testimony, little of it we know through testimony,

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now protests tonight in miami, chicago, other cities including new york. grand jury on wednesday decided not to indict daniel pantaleo for the death of eric garner. i want to take a closer look at the video of the police officer putting eric garner in a choke hold to see what little we know about the testimony based on what his attorney has come forward and said was his testimony, how that matches up with what's on the video. randy kay reports tonight. >> reporter: officer daniel pantaleo made this bold admission.

he heard mr. garner saying i can't breathe. this was the moment captured on video. >> i can't breathe. >> reporter: pantaleo isn't talking but stewart london confirmed to the new york times some of what his client told the grand jury. once he heard garner struggling to brief, he claims to disentangle himself as quickly as he could. but it's not clear on the video. it appears he keeps arms around garner's neck for at least 8 seconds after garner's first gasp for air. that's officer pantaleo in the green t-shirt with number 99 on it. watch, he removes his arm and then uses both hands to press eric garn's face into the pavement. the officer does it long enough for garner to repeat five times i can't breathe.

he testified since he could breath speak, he could breathe. his client told the jury he attempted to get off garner as quickly as he could. look at the video. at least 16 seconds passed between the time eric garner hits the pavement and removes the choke hold and the hold on eric's head. does that square with his testimony getting off as quickly as he could or keeping that firm grasp on garner? and what about this? officer pantaleo reportedly testified he was using a maneuver from the police academy, hooking one arm under the suspect's arm and another by the torso, meant to tip the person to lose balance and go to the ground. he said only as the struggle went on did move around garner's neck. the videotape seems to tell the different story. the officer's arm was around

garner's neck, by our count, about two seconds after he first touched him. watch again. one arm hooks underneath as the officer said, but see the other arm? does it appear to go around the torso or immediately around garner's neck? the officer's attorney told the new york times his client testified that he was trying to stop eric garner from possibly biting one of the officers. the attorney summed it up this way. he wanted to get across to the grand jury that it was never his intention to injure or harm anyone. randy kay, cnn, new york. >> former d.e.a. senior agent of global security group. again, daryl parks, one of the attorneys for michael brown's family. daryl, after watching that video, you have officer pantaleo, according to his attorneys, saying the officer got off mr. garner as quickly as possible. do you see that in the video?

>> without question. i think what we see -- >> without question, you do not. >> not whatsoever. you do not see but officers being very aggressive. obviously, there's no chance that eric could escape. you see several officers around. he's subdued. he was not a threat, he was never a threat even standing up. but seem to have a lack of reverence for life. this guy is saying he can't breathe and no one seems to take him serious. no one responds to him that he can't breathe. most of the officers realize positional asphyxiation is always a potential risk, a person of size when you put arms behind them, one. but two, you put bodies of pressure while they're laying down. >> i've had other police officers say i've had plenty of suspects say i can't breathe, i can't breathe and weren't telling the truth. the fact he's saying, i can't

breathe, should officers immediately have laid off? >> there's a lot going on. first of all, these scenes repeat themselves hundreds of times a day and 99.99% of the time, the person is taken into custody without injury. you have a situation here where you have a very, very large individual. he's going. they tried to talk to him. he didn't comply. and there's a health emergency. it's happening quickly. you get adreen liezed. should they have disengaged? in retrospect, yeah. i would change from an arrest to an aided case quickly. got the cuffs on him, sat him up. but you have an unrecognized medical emergency. a person that large, that heavy, maybe not take this person in the same manner as we would take

literally everyone else. >> when you hear that apparently he testified saying, i was trying to do a wrestling move, it wasn't a choke hold at all. >> well, you know, anderson, i think in this situation we have to think for ourself. we don't need his interpretation. regardless of what he had to say in the grand jury, they have the tape. and the tape is plenty enough evidence for the grand jury to have indicted him and they failed to do so. >> do you think that's a choke hold? i have had police officers say that's not a choke hold, it's a takedown. >> it's a takedown move that turned into a choke hold. but i think it's important to realize that most law enforcement departments still teach the carotid restraint. i had a great discussion backstage with dr. koblinsky, brilliant guy. i've done this in training and the street. why?

it's the safest way to take the suspect. comply and they disengage. if you maintain the hold too long, it can cause injury. with this man's health conditions, it created the tragedy. that's what it is. you can't tell me any cop there was seeking his death, seeking to injure him severely. that's absolutely impossible. >> it also seems like the fact that the officer then fell on him, that it continued, it prolonged the choke hold far, you know, it continued to -- maybe even, i don't know whether it was longer than the officer wanted to or not but even while down on the ground. >> it appears he was down and held on too long. he was restrained and then had control of him. once he said he couldn't breathe, he wasn't trying to fight or hit the officers. i think that's important because

you can't say he was trying to bring harm to them. he was not trying to bring harm to them. once they realized he was in distress, he should have reacted to that differently. we have to weigh the decision whether to protect the person's health or trying to make sure we have him restrained. >> it seems like from police officers i've talked to it's very important to maintain their respect on the street, to maintain their power on the street. in a situation like this, some officers do not want to deescalate it because they don't want to essentially lose face. >> the more experienced, the more inclined you are to talk the guy into the handcuffs. i think i could have got him to comply. it's the verbal judo. maybe not taught enough, but at the same time, police work is not pretty. when it's time for the guy to go and not complying, he'll be placed in handcuffles.

one point, to ever want to cross this country, if you think the police are acting improperly or violation and they want to arrest you, submit. you got a tape, video, sue them later. don't get yourself hurt or do anything other than comply with the officer because at that point in time, it's not going to end well. so comply and if i have an issue, a videotape, sue. you'll laugh all the way there. >> it's often not that easy. a lot of people can't sue, it doesn't -- >> also too, it's the mentality of the police. right? they deal with certain communities. so hopefully, if nothing else is learned, police officers agree that maybe i shouldn't be so quick to jump to do x, y, z, to put someone's life danger. hopefully we get that from the

death of eric garner and michael brown. >> thank you for having you on, daryl parks. and you too. a quick break first. 6- clear protein. 8 grams protein. zero fat. ensure. take life in. so you can see like right here i can just... you know, check my policy here, add a car, ah speak to customer service, check on a claim...you know, blin skblinsky

police have just been making a number of arrests in chicago. police apparently videotaping the suspect as part of that arrest process. kyung lah is there. what's going on there in chicago? >> reporter: anderson, you can see all of the police officers in the back of that vehicle. and what i saw was a group of about 8 to 10 people.

protesters split off from the side of street i'm standing on and were on the other side of the street and were detained. not exactly sure why. they were standing on the sidewalk but looks like the police officers are detaining them. i'm not sure if they'll ticket or arrest them but there are a number of officers. they've been going into the back of that van, and something's happening back there, but that has certainly been a question among the people who i'm standing with on this side of the street on what grounds were they arrested and why are these protesters being allowed to walk on the street? one tactic that you've seen in new york, the officers there, the nypd allowing the protesters to move in and out of streets and public places, even macy's. looks like the officer is coming back over here. you can see the reaction from some of the protesters on this side. they're getting a bit more

vocal. a lot of questions from them about for what reason were they arrested. a very different tactic here in chicago. instead of allowing the protesters to cross major streets like this one, this is michigan avenue. if you're familiar with chicago, right in front of the art institute here, what they're trying to do is to say that they don't want protesters to cross the street. i've heard one of the officers say, did you watch the news last night? was that safe? so there's definitely a different sense among the chicago police. they don't want traffic disrupted in the city like it was yesterday. you may remember, anderson, some of the protesters ran on to one of the highways, the dan ryan here in chicago and also shut down lake shore drive. >> it was one of the more remarkable scenes last night from chicago. kyung lah, thank you very much for that. as you see over and over in the video, again, the protesters in different parts of this country.

in washington, d.c., our athena jones is there amongst the crowd. athena, where are the protesters at this point? >> reporter: hi, anderson. we're now in central downtown. we're in the thick of things, and you can see the protesters at this point are not actually blocking the street. they're here walking amongst the traffic chanting loudly. they continue to chant off the sidewalks into the streets. they've been chanting out of the restaurants into the streets and there was a woman just a few blocks ago who said she left a restaurant to join in this protest. they're energized, walking quickly having covered several miles of this city already. i should tell you too, we've been talking about a lot of the emotion. the charged feelings people are expressing on the streets. earlier, one of the protest organizers say i'm not an angry black man, i'm an outraged and

hurt black man because of the state of our society. i spoke with two young black men a few blocks back who believes society wants to not just get rid of black men but black people. there's a charged emotion on these streets. you can see it's a diverse crowd and they all have the same goal in mind, which is the changing the system. making sure this doesn't happen, black men dying at the hands of police. they want a fairer justice system. organizers has vowed to keep doing this and the crowd gets bigger, smaller, bigger and smaller. it seems people on the sidewalks are joining in at different moments along the way, anderson. >> athena jones, thank you. we've seen over and over in the video eric garner is brought down, ultimately killed. daniel pantaleo was not the only police officer involved in the incident that killed eric garner. there were other officers in the

takedown that ended up killing him but all granted immunity. the question is why? cnn legal analyst, mike o'mara who represented george zimmerman and criminal defense attorney maas well. why do you think they were given immunity in front of the grand jury? >> because the grand jury was rigged. the only reason the prosecutor took this case to a grand jury was so that he would not have to make the decision and say, i didn't file this case because i didn't think there was a crime here. by putting it in front of the grand jury like mcculloch did in st. louis, what the prosecutor does is they rig a fore gone conclusion which is they don't argue for the grand jury to quiet.

the grand jury didn't bring back on indictment. it is really a very pe verse and stands on its head from the normal use of the grand jury. i have known prosecutors who have gone into the grand jury hundreds if not thousands of times and never have had a grand jury not indict. this is an absolute aberration. they're using the grand jury as a cya. >> mark o'mara, do you think this was rigged? >> how do you want to define rigged? prosecutors get what they want out of grand juries. we know that. they do it in a way to get the result they want. in this case, can we say the prosecutor decided not to have an indictment? probably is. i wish we had the transparency in the michael brown matter, at

least we could have analysts to view it. i don't know we can indict the whole system of grand juries because of this but we know that grand juries look at cases the way prosecutors want them to. >> daryl parks, one of the criticisms of the grand jury system at large is these are prosecutors who, the day after the grand jury is done, they still have to work with the police department and they rely on police to be good witnesses in future cases and if they want to make those cases and they want their careers to progress because their career is based on winning cases, they need the cooperation of the police that they have a built-in incentive to basically kowtow to the police or basically bend to the police. >> without question. anderson, you see this time and time again with officers. think about how close they work together. the trust. the police needs the trust of the prosecutors, the prosecutors need the trust of the police. so it really begs that we need to have a situation where

there's someone independent. the independent could be the feds, in terms of having the fbi investigate and the u.s. attorney's office for those jurisdictions investigate, or it could be a prosecutor from another jurisdiction within that particular state. but we know we're at a point where we have to have something new because we have too many young black men that are losing their lives, too many african-american communities that are having this issue. we have to do something about this. >> mark geragos, state community, does that equal federal community? you have the federal government investigating. >> no, it does not. there's all kinds of complex issues as to whether or not they can use the grand jury testimony. generally, they don't. they're not able to. the fact remains the feds, my prediction, is will not step in on this. i just don't think they're going to do it. >> why? >> part of the problem they've

got is because it's already run through a grand jury once. you've locked in the witnesses, testimony, the immunity that was given to the various officers would make it a problem now if they tried to use those officers again and frankly, this whole thing, i think, was from the beginning. when they realized it was going to be this particular d.a. in this particular borough and he was going to use the grand jury and there were calls for a special prosecutor. look, i'm no fan for the special prosecutor. but i think at the time, that was when the guy was cast. there's a real problem. i hate to say it, but it isn't just in the african-american community. there's a real problem with police brutality and people looking the other way, especially prosecutors. prosecutors are in bed with the police and they can't afford to

police the police. that's why you have civil rights cases. that's why you sue in federal court civilly to get something done. when your previous guest said, well, just comply, you don't have to comply. you have a right to resist an unlawful arrest. this arrest was unlawful. there was no reason in the world to arrest this guy for selling cigarettes. >> mark geragos, i think what the previous guest said if you want to sue, sue, but the police will take you in if they insist on taking in. is resisting really a wise thing? >> well, at a certain point, what are we going to do? are we just going to elevate the police so we become an occupied country? i mean, this happens so often. i've got five cases in the office right now of people being shot and killed by police for

virtually doing nothing. and not all african-american. and part of the problem is that politically, the whole politicalization, nobody wants to touch this problem. there's only a handful of lawyers who want to take on police departments in municipalities. the idea you resist and sue, there aren't enough to do that for you on a contingency basis. >> the counterargument is, well, resisting, you're going -- there's a higher likelihood you end up getting injured. >> we empower law enforcement officers to protect us. in protecting one citizen, an aggrieved citizen or confused citizen, we give a difficult balance to handle their job. we tell them, you have the power to arrest. the battleground for whether or not that is a proper arrest or a crime is not really in the cop's domain and not on the street.

unfortunately, it has to happen where the cops do have the authority on the street to do what we authorize them to do and make an arrest. will they have bad arrests? garner should not have been arrested. fine, okay. but the reality is that we tell cops to arrest people and then figure it out later. we have to give them that authority and respect that we've given them that authority. if they're wrong and they are on occasion wrong, we hold them responsible and we deal with it. it's very unfortunate that eric garner gave his task was to give his life for that. but that doesn't mean that we throw out everything and say we start over with some different procedures in place. this is not a police state. there are other countries that have a police state. we still have the freest system that we have, but it needs polishing. so mark, i would disagree with you and say it's inappropriate. >> mark, there are people who are watching this in other countries. if we were watching this in another country in china, amnesty international would be

jumping in and saying, what the heck is going on here? you watch this kind of stuff that's going on in america and i will tell you, i respectfully disagree. i think we do live in a police state. the police are not questionedmequestioned. prosecutors are given immunity. i beg to differ. i see it all the time. this is what's happening in a different country, we'd be jumping up and down on human rights violations. >> if this was in china, we would not be happening this conversation in china. anderson wouldn't be on tv and wouldn't be talking about the fact pantaleo got away with something he shouldn't have gotten away in. >> at least in china and north korea, they have show trials. we just have show grand juries. >> well, mark, do you really believe this is a show grand

jury? a show system? >> yeah. this is a show system. when they announce, when mcculloch announced he was going to the grand jury, that was a forgone conclusion. when this guy took it to the grand jury, it was a forgone conclusion. why is it everybody said we got the best system in the world in america? we don't. >> a show trial in north korea, i just want to point out, it's in front of a judge who made up their mind and there are legal -- >> the show grand jury in america is with a prosecutor who has made up his mind who goes through and gets the result that he wants. you have to understand, ask anybody who's been a prosecutor if they have ever not gotten a true bill, if they've ever not gotten a true bill when they wanted one. it's extremely rare. >> mark o'mara, final, got to

go. >> solution, we got to throw it out? the grand jury system is much better than any other system. 23, 24 people decide how the case is handled and prosecutors do that. we have to trust the system works. >> it does need change. you look for other prosecutors to be brought in, outside prosecutors. >> without question. special prosecutors are the way to go. it's a common practice throughout the country, especially though when you have law enforcement involved. think about what we saw in ferguson when the prosecutor's office in st. louis county put all the cases on hold darren wilson was involved with. that showed an issue. putting all the cases on hold, isn't that an issue of bias there? we never got a response. >> good to have you on, mark o'mara and mark gerargos.

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about who officer daniel pantaleo is. the center of the case that has crowds taking over parts of the street in new york in protest. this is not the first time he's been accused of wrongdoing as

police officers sometimes are. the head of the police union said he's a model officer. randi kaye reports. >> reporter: an 8 year veteran of the new york police department, officer daniel pantaleo comes from long served the city. his father is a retired new york city firefighter. his father is an officer for the nypd. >> it's the model of what we want a police officer to be. >> reporter: his mother, now retired, works as an assistant administrator. he is single according to the police union and doesn't have any children. >> he's a mature, mature police officer who's motivated, literally, by serving the community. he literally, literally is an eagle scout. >> reporter: pantaleo joined the nypd in 2003. a year later, he joined the

anticrime unit dealing with serious crimes like rape, murder, guns on the street. >> he is a good man and for all of us, a professional police officer. >> reporter: the same official said pantaleo had over 300 arrests with very few complaints adding he's not a hot head but has been at the center of racially motivated cases before. in the last two years, three men have filed lawsuits against him, alleging unlawful racially motivated arrests. in one case for march 2012, two black men forced out of their vehicle, handcuffed and stripped on the street. they were forced to pull their pants and underwear down and squat and cough. and forced to lift their genitals. the charges against them were eventually thrown out. they settled with the city for $30,000. in the second case, the officer accused officer pantaleo of

misrepresenting the facts to substantiate charges. these facts were also dismissed. the lawsuit against officer pantaleo is still pending. randi kaye, cnn, new york. >> joining us now, political commentator jones and dan bongino, secret service agent. the fact three men filed lawsuits, alleging unlawful motivating arrests. oftentimes, police officers have lawsuits filed against them. >> sure. i did police misconduct work as an attorney for ten years. so you can have officers pick up complaints, that kind of thing. lawsuits are often filed. but they're also usually thrown out. when you talk about an officer that has cost the city $30,000, with those kinds of facts, humiliating strip searches in public and possibly fabricating

evidence, moving forward, that's something to really pay attention to. i say that because we have this new standard now where when someone dies, they have to be perfect. we've gone from innocent until proven guilty to guilty to proven innocent until you have to be perfect or you can die and nobody seems to care if you're on the grand jury. so if we're going to hold individuals in the community to a standard of literal perfection, we also have to look at the police and not just because we've been sued but to have a $30,000 suit against you, that's unusual. >> dan bongino, do you agree? >> he was an anticrime cop. i'm not disputing van's point of view. these facts should be looked at in totality. it's no question, past behavior can lead to a future pattern of behavior. it can lead to intention. it's not that unusual for lawsuits to file in the city to pay out.

with the nypd very rarely takes these because they're afraid of losing and most settle and go away. you're better off looking at a history of interaction with the civilian complaint review board, the ccrb. if there's a long history of civilian complaints, that's actually probably more indicative of a pattern of behavior if anything. but i don't think he sd there i trying to litigate whether or not this particular officer, is he a racist? is he racially motivated. was he thinking i will kill the black guy because he is black. i think that is not hopeful. i doubt if he was thinking that way. there is a bigger pattern in

practice here. the policing of our communities have become so aggressive. . you don't see police going and kicking in the doors on wall street, arresting the people who, who we know are using a lot of drugs on wall street. a lot of insider trading. they don't police that way there. they don't go to ivy league campuses, where there is a lot of drug use and police aggressively there. there is a meth epidemic in the white community you don't see them kicking in doors in the white community, when you have overaggressive policing in our communities, it sets up the d dynamic. he is not going after a violent drug dealer. he is going after someone selling cigarettes. look at the level off gr of agg policing. the level of aggressive policing creates this. we have to have a richer discussion about why people are as concerned as they are? >> i want to have the discussion. a long, important discussion to

have. we are out of time to night. unfortunately going to have to table it. i do want to have the discussion. it raises a lot of interesting important points. van jones. appreciate it. we'll check back in in manhattan, show you twhar they are. we'll be right back. in this accident...

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>> quite a night of protests. interstate of miami shut down by marchers. police detaining people outside the art institute. a die-in, so-called, at grand central station. go to times square. will riply. last night before we went off air, there were a number off rests made. i'm wondering the scene now. and wondering if police are preparing for what may happen? >> for the past several hours, times square has been empty. hearing fire engines unrelated to any protest activity. we know three hours ago, 100 protesters moved through the area. encircled by police. they walked up 5th avenue. police freeing to prevent them from causing traffic disruptions in the city. if you can see tonight. if they were to stop here in times square. because there aren't that many people, they wouldn't have much of an impact. whiches why we have seen them, focusing on indoor areas. a lot of people staying out of

the cold, rain this evening. we know the protesters are communicating on social media, and could pop up at any moment. dozens of arrests here, times square last night. situation intensified. it got later into the evening. we will be watching to see what happens. >> there is a police presence. obviously most of the police presence is following protesters. there is kind of a static police presence right there, right now. >> a handful of officers. some officers routinely stationed here, normally, just to monitor times square. additional nypd out here as well. >> will ripley. appreciate the coverage. thank you. that does it for us. a lot more to talk about. a special edition of, for us, we appreciate you joining us for the last two hours. special edition of erin burnett "out front" is going to start in a moment.

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special edition of "out front live." breaking news, protests on the streets of new york and cities across the united states. blocking streets, stores. protesters demanding justice for eric garner. plus cnn obtained eric garner's autopsy. the manner of death, homicide. given that, and a video. why didn't the grand jury rule to indict? my guest, eric garner's sister and daughter. on the man at the center, civil rights protests unlike any seen in this country. let's go "outfront." ♪ ♪ good evening. a special edition of "out front live" a the breaking news. not backing down. protesters on the streets. late on a friday. across the united states. third nig