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Planning On Protesting? Know The Limits Of Your Rights And How To Handle An Arrest

14 July 2016

Tracy Roberts

It seems like there's more reason for protestors to gather every day and the police in major cities are responding in force. Whether you're planning on joining a protest organized by the Black Lives Matter movement or voicing your opinion at the Republican National Convention, you should take steps to prepare yourself for the potential of arrest. This is what you should know about your legal rights and what to do if you're arrested at a protest.

1.) Watch where you step.

Stepping over the line, metaphorically and physically, is probably what gets most people arrested. While people in the U.S. generally enjoy a right to free assembly, planned protests often require permits in order to carry on in the public streets or on public property. You also don't have the right to step onto private property unless the owner has granted you permission.

If you're joining a protest in action, keep some guidelines in mind:

• Stay out of the street unless there's a permit allowing protestors to be in it.
• Use crosswalks to cross the street.
• Don't block streets or sidewalks or try to prevent people from passing through the protest.
• Don't ignore or refuse reasonable requests from the police to move.
• Don't block doorways, access points, stairways, or other points of egress.

2.) Keep a camera handy.

Your cell phone camera or video recorder may be your biggest ally in any protest when it comes to protecting your rights and the rights of others. It is legal to film the police on public grounds as long as you do not interfere with the performance of their duties. In addition, the police are not allowed to search your cell phone without a warrant. However, that doesn't mean that the police won't confiscate your phone illegally or try to pressure you for access to the phone.

To protect yourself, stay a considerable distance away from the police you are filming and don't try to get near the action. Consider using an automatic app that remotely backs up any film that you take, which prevents it from being lost if deleted from the camera. Add a passcode to your phone so that nobody can access it with just a swipe of a finger and don't agree to allow the police to look at what is on your phone without a warrant.

3. Plan for arrest.

Ideally, you'll go to the protest and go home again. However, just in case things don't go the way you hope, have a plan for how you'll handle it if you're arrested:

• Assert your right to remain silent. Do not argue with the police or try to defend your actions. Your attorney can do that for you later.
• Enter a plea of not guilty. No matter what you are accused of doing, you don't stand a shot of acquittal or having the charges dismissed if you plead guilty.
• Have the number of an attorney on your phone in advance, or make arrangements with a trusted family member or friend to hire an attorney on your behalf.

While many people who are arrested at protests are eventually released without charges or released on their own recognizance with just their word as a guarantee that they'll return for their court date, there's always the chance that you'll have to post bail. Making arrangements for someone to have access to your funds can make that easier and get you out of jail sooner. To learn more, visit a website like http://gomezmaylaw.com/. 

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