1

Table of Contents
KnowYour Rights Information and Its
Limitations.............................................. 4
Interacting with Law Enforcement................ 6
Key Takeaways of Interactions with Law
Enforcement............................................ 7
Common Police Tactics—What To Prepare for... 12
Preparing for a Protest..................................... 17
Locations and Risk........................................... 18
Digital Security................................................ 23
Creating an Arrest Safety Plan........................ 28
Providing Support to Protesters..................... 30
What to Bring and Not Bring.......................... 32
Specific Considerations for MarginalizedGroups.................................................... 35
Protesting as a Minor................................ 35
Protesting as a Disabled Person................ 37
Protesting as a Trans Person..................... 42
Protesting without U.S. Citizenship........ 48
Other Risk-Related Protest Questions........ 50
During a Protest................................................. 54
Police Searches............................................... 54
Physical Self-Defense...................................... 55
Next Steps if You’ve Been Arrested.............. 58
Updated June 2022

Know Your Rights Informationand its Limitations
It is important to keep in mind that there arelimitations to Know Your Rights information
when it comes to personal safety and police
behavior in the streets. The U.S. Constitution
and various state laws guarantee that you havecertain rights — but just because the law says
you have those rights does not always meanthat the police will respect them, or that a court
will uphold your rights if they’re violated.
When you are protesting or having any
interaction with law enforcement, assertingyour rights does not usually mean that thepolice will respect your rights or change how
they are treating you. However, by using
your rights (by saying them out loud, as thisbooklet will teach you to do), you can make itharder for police to use your own statements
or anything found on you during a search asevidence against you during a trial. Using thisinformation could help your case later in court
and, importantly, can help you protect yourfellow activists.
4This booklet aims to give people thinking
about going to or organizing a protest
information about best practices for interactingwith law enforcement in-the-moment, as wellas advance information to consider in order
to assess risk and prepare for possible police
encounters.

Disclaimer:This booklet is not a replacement for
legal advice. If you need legal advice,please contact a lawyer.
More Protest Legal
Support Resources
NLG Mass Defense Program:

NATIONAL LAWYERS GUILD

5

Interacting With Law
Enforcement
Limitations of Know Your Rights Materials: Mostof the usual best practices in know-your-rights
guides focus on verbal interactions between
cops and protesters. If you are d/Deaf, nonverbal, or otherwise unable to hear or verbally
respond to police questions or orders, thisbooklet may not give you all the information
you need to best protect yourself. You have
all the same rights as everyone else and you
have the legal right to ask for an interpreter.
However, cops are not required to give you aninterpreter in all circumstances, especially if theofficer believes the situation is urgent. Someadvocacy organizations have recommended
carrying a card that says you’re d/Deaf and/or nonverbal, staying near a friend who knows
how to step in if a cop starts speaking to you,or attempting to sign and/or speak to the
cop directly, where possible. This does notguarantee your safety, and unfortunately, d/Deaf, non-verbal, and other disabled protesters
may be at higher risk, with few concrete
protections.
6

If you are arrested or detained, you cancontact a disability rights-focused legal aid
organization, such as the Disability Rights Legal
Center or a local group.

Disability Rights Legal Center

Key Takeaways of Interacting withLaw Enforcement
The United States legal system is not designed
to support dissent. Police are meant more to
enforce order than civil rights. The courts are
hard to navigate and judges are often hostileor unfair to people who have been arrested,
including activists. Though we urge you tolearn the information in this whole booklet,
here are some important highlights about
direct interactions with police officers:“Invoking your rights” means stating a few key
phrases out loud.
NATIONAL LAWYERS GUILD

7

The goal is to end the law enforcement
interaction as quickly as possible. If a cop is
speaking to you on the street, ask: “Am I free
to go?” If they say yes, you should leave, if
you can do that safely. If the cop says anythingother than yes, follow up with: “Am I being
detained?” If they say anything other than yes,then say that you do not want to talk further
and leave immediately.
You have the right to remain silent. If a police
officer asks you any questions, you can respond
with: “I am going to remain silent, and I wantto speak to a lawyer.”• There is one exception: In 23 states1, if a
1 Some states have “stop and identify” statutes which
require you to provide identity information or your name if
you have been detained on reasonable suspicion that you
may have committed a crime. A lawyer in your state canadvise you of the status of these requirements where you
reside. As of June 2022, these are the 23 states with “stopand identify” statutes:
Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Louisiana, Missouri,
Montana, Nebraska, Nevada, New Hampshire, New
Mexico, North Dakota, Ohio, Rhode Island, Utah, Vermont,
Wisconsin8••

police officer asks you for your name, youmust answer honestly.
If you have been arrested, it might behelpful to answer questions about things
like your name, address, and date ofbirth, or to ask to use the bathroom or for
medical attention. These are all things thepolice already know, or they are requests
about your safety and bodily dignity.
After speaking about anything, however,re-invoke your rights by repeating “I amgoing to remain silent, and I want tospeak to a lawyer.”If you need to, you can keep repeatingthat phrase. No matter what the cops say,there is never a good reason to speak
to them before talking with a lawyer,
and it is dangerous to yourself and yourmovement to do so.

You should not agree to be searched (evenif you don’t think police will find anythingillegal). Police are allowed to pat down theoutside of your clothing whether or not you
tell them you’re okay with it, but they need
your permission or a search warrant to searchbeyond that. (A search warrant is a written
NATIONAL LAWYERS GUILD

9court order that allows the police to search for
specific things in specific places.)
If you do not directly say anything that tells
cops you don’t want to be searched, a judge
may say that your silence meant that youconsented to the search.
Remember to say, “I do not consent to thissearch.” (Consenting to something means
you’re freely agreeing to it — using the word“consent” helps you avoid confusion with thecops by using standard legal language.)
If you are arrested, you will be searched as apart of the arrest process.
Police are allowed to lie to you. It is sometimes
illegal for you to lie to police (and it can bedifficult or impossible to know whether or not
you’re in a situation where it’s illegal for you tolie). Even if you are in a situation where it isn’t
illegal, it can create serious issues for you andother people later in your case. For this reason,
once you have been detained or arrested, it
is safest to say nothing besides: “I am going10

to remain silent, and I want to speak to alawyer.”
The rest of this booklet will go into more detailon basic Know Your Rights information andwhat to keep in mind when preparing for a
protest or action — or any other interaction
with law enforcement.
If you need legal information to help you as
you organize a local action, reach out to yourlocal NLG chapter to ask if they’re able tohost a training or a Q&A before the action.
You can also reach out to a nearby legal aid
or advocacy organization. Local laws andlaw enforcement practices can vary, andpeople who are familiar with the local laws
can help you make informed decisions as anorganizer or activist. While only a lawyer cangive legal advice, non-lawyer legal workers
and experienced activists may have usefulknowledge of the common practices of local
law enforcement during protests. Police are notreliable sources of legal information.

NATIONAL LAWYERS GUILD

11

Common Police Tactics — What to
Prepare For
Lying. It is legal for police officers to lie toyou to trick you into sharing information orconfessing to a crime. Common lies told by thepolice include:• Claiming to have non-existent evidence.
Police may claim another person hasconfessed and said you were involved inunlawful conduct, or police may lie about
having other evidence linking you to acrime, even if that evidence does not exist.
• Offering a “deal.” For example, offering
to let you go without charges if you tellthem who the “leaders” are. Police are notactually able to make and keep that offer;
only a prosecutor can decide charges.
• Misstating penalties. Police may overstate
the penalties for any crime, or say you will
be prosecuted more harshly or charged
with “obstructing justice” if you do not
answer their questions.
• “We’ll just get a search warrant.” Cops
will make this threat thinking it will get you

12

•

•

to agree to a search. The truth is, one of
the reasons they want you to talk to themvoluntarily is that it is much easier for themthan trying to get a search warrant. Plus, if
you talk to the police, it can be much easierfor them to get a search warrant, based onwhatever you tell them, even if you don’t
say anything that you think is incriminating!
“If you don’t cooperate, you’re going to
be here for a while” or ““You’ll be released
today if you make a statement.” There isno good way to talk yourself out of arrest.
If you have been arrested, there is nothing
you can reliably do to get released except
wait. The U.S. Constitution says that you
can be held for up to 48 hours before
being released or taken to a judge. Somestates have shorter time periods, usually amaximum of 24 hours. Cooperating withlaw enforcement is much more likely tomake them hold you longer, set higher
bail, and other serious consequences foryourself and others. Cooperating with law
enforcement is extremely unlikely to lead toyou being released early.
“We’re not recording any of this.” Police

NATIONAL LAWYERS GUILD

13•

may tell you they have turned off therecording and anything you say is “off therecord,” even if they have not. The best
idea is to continue to say you are using yourright to remain silent.
“We’re only trying to help you.” Officers
may tell you it will make things easier if
you answer their questions. If you believethis, you may end up accidentally giving
them evidence to use against you — even
if you didn’t do anything illegal! The things
you say can be interpreted in ways that areagainst your interests. Just say: “I am goingto remain silent, and I want to speak to alawyer.”

Leading Questions. Police may use leadingor seemingly innocent questions about
things that appear to be unrelated to yourarrest or your movement to get you to saysomething they can use against you. If you are
nervous or trying to be cooperative, you may
unintentionally say something that they will use
against you later.
The Reid Technique. Officers use this strategy,
14commonly known as the “good cop/badcop” technique, to lead you to believe that
confessing is in your best interest — don’t
be fooled! An officer playing “bad cop” may
first argue that you are guilty, present sometheory of the crime, and ignore when you say
you didn’t do it. Another officer, the “goodcop,” may then tell you they understand why
you “did” what they’re saying you did, and try
to convince you that, if you tell them that you
did do the crime, you might have a less harshpunishment or get to go home.
The safest thing to do is not to answer any
questions and instead say: “I am going toremain silent, and I want to speak to alawyer.”When you’re being held by cops, evenstatements you make to people who are notpolice (or don’t appear to be police) can beused against you. When you are interactingwith the police, assume you are being
recorded. Cops have audio and video on theiruniforms, in the cop car, and in jail cells. In
addition, all jail telephones are recorded. If
NATIONAL LAWYERS GUILD

15

you are arrested, assume you are being fully
surveilled.
People often believe that police must readthem their Miranda Rights in order for an arrest
to be valid. This is not the case.

More Resources to Prepare for Contact
By Law Enforcement:
If An Agent Knocks by the Center for
Constitutional Rights

16Preparing for a Protest
The information in this section is intended
to outline potential risks associated withprotesting so you can choose what kind ofparticipation makes sense for you. Clear,honest information about risk can help people
make informed decisions. Additionally, thisinformation can be used by organizers toconsider ways to make protesting safer for
attendees.

Resources for Considering Legal andPersonal Risks of Protesting:
A Tilted Guide to Being a Defendant by Tilted
Scales Collective

NATIONAL LAWYERS GUILD

17

Locations and Risk
Do I need a permit? How do permits work?
What do I do if I am denied? If I proceedwithout a permit, what are the risks?
Choosing to hold a permitted event is apolitical choice that is up to organizers. If
getting a permit is important to you:
•

•

•

18

Permits for protests are usually given out by
your local government. Check their website
or call for the relevant laws regarding
permits. Most cities require some kind offee, but it may be waived if you can’t afford
it.
Most local governments require noticeahead of time for a “free speech event,”
which can vary from 5 to 60 days. However,some cities will still give out permits afterthat window has passed, if the protest isin response to “breaking news” — just be
sure to notify whichever office issues local
permits as soon as you can, if having apermit is important to you.
You shouldn’t need a permit to protest on

sidewalks, or in the streets, so long as theprotest is not blocking traffic. (However,some small towns have laws that require
permits and fees for sidewalk protests.)
Local governments usually require permits
if the plan is to block street traffic. Withouta permit, police can force protesters tomove onto the sidewalk. If police orderpeople to leave, they may be arrested evenon the sidewalk. You may hear them issue
an “order to disperse” before making thesearrests.
Not having a permit has certain risks thatsome organizers and activists choose to take,including arrest, fines, and bodily harm. For
example, as of 2022:••

Iowa has passed a law that would protect adriver who injures or even kills a protester ina protest that didn’t have a permit, as longas the driver exercised “due care.”
Florida has a proposed law which, if passed,
would allow local authorities to make theorganizers of a protest without a permit pay
for the cost of “designating and enforcing”

NATIONAL LAWYERS GUILD

19

•the zone for the event.
Ohio has a proposed law that would
allow more serious consequences forholding an unpermitted protest, making
it a 3rd degree felony instead of a minor
misdemeanor.

These laws are always changing, and you cansee what the status of the law is in your state
here:

U.S. Protest Law Tracker

Do certain locations carry more risk when it
comes to holding a protest?
The First Amendment does not include a rightto protest on a military base. The military
has a right to exclude anyone from the entire
property of a military base.

20

Some states have “critical infrastructure”
laws which criminalize protests at or near oil
and gas pipelines. Other facilities considered
critical infrastructure under these laws include,
but are not limited to railroads, refineries, water
treatment plants, and cell phone towers. If you
plan a protest at or near a critical infrastructure
site, be prepared for the possibility of higher
bail as well as more severe penalties. As ofJune 2022, the following states passed “criticalinfrastructure” laws:
•
•
•
•
•
•
•
•
•
•

AlabamaArkansas
FloridaIndiana
Iowa
KansasKentuckyLouisiana
Mississippi
Missouri

•
•
•
•
•
•
•
•
•
•

Montana
North Dakota
Ohio
OklahomaSouth Dakota
Tennessee
Texas
Utah
West Virginia
Wisconsin

Be aware that while the First Amendment
protects your right to protest, there may stillbe legal consequences for related behavior

NATIONAL LAWYERS GUILD

21

(such as trespassing) when you protest in nongovernment/non-public places. Remember:
The First Amendment protects your right toprotest, but it doesn’t protect you from beingarrested for anything that’s considered acriminal offense.
What are the laws and risks aroundblocking traffic? Is there any difference forthe degrees of blocking traffic, such as if
protesters only block only a single lane as
opposed to blocking all lanes?
Generally, marches or parades that take place
on a street require a permit if they are goingto block traffic. If your city requires permits
and the protest does not have one, blocking
traffic by marching in the street becomes
illegal. Engaging in First Amendmentprotected political activity does not protect
protesters from being arrested for other illegal
behavior that they may engage in while they’reprotesting, including walking in the road or
damaging property.
If I want to play music during my protest or22use a megaphone, what do I need to know
about noise levels, particularly amplified
noise in public spaces?
This depends on where you are protesting.
Some cities have very lax restrictions on noiselevels, while other cities are a lot stricter. If you
are considering using a noise amplification
device, like a bullhorn or a megaphone, you
can check your local laws to see what the policy
is in your area in order to consider your risk
levels.
Some cities require protestors to get apermit if they plan on using music, drums,
or loudspeakers to make themselves louder.
Some require groups putting on the protest
to get a permit before using megaphones andbullhorns. This information can also be found inyour local permit laws.

Digital Security
When I’m organizing a protest, what aresome digital security measures I can take?

NATIONAL LAWYERS GUILD23

It’s worth thinking about what sort of
information needs to be protected from thegovernment. For example, lots of events canbe shared on social media. But when theevents involve potentially illegal actions, talking
about them publicly could put you and otherorganizers at risk. There may be events andconversations that you would not want to havein public or in the presence of law enforcement,even if these conversations were not about
unlawful activity. Be careful when doing protest
organizing or protest support using corporateowned tools like Google and Slack.
Private, encrypted communication methods(like Signal and Jitsi) as well as in-person hyperlocal organizing can be used for planning
direct actions you think might attract unwanted
government attention. It’s worth noting thatencryption is only helpful if you trust the person
or group in charge of the encryption. Many
platforms that are encrypted might still shareyour data with the government or police,
and the intended recipients of encrypted
messages are able to screenshot or share thosemessages.
24Remember: using digital encryption does notprotect against physical surveillance, such as
infiltration, CCTV, law enforcement surveillance,or someone who is cooperating with law
enforcement.

More Digital Security Resources:
Electronic Frontier Foundation:

Civil Liberties Defense Center’s Digital
Security (DS) Program:

What is encryption? Encryption is a method ofscrambling data to maintain security. Whoever sets theencryption code, however, can still read the data, and canshare the code when and where they see fit.

NATIONAL LAWYERS GUILD

25

If I need to bring my phone to a protest,
what are some security measures I can take?
In general, police need a warrant to search
your devices. In practice, it is possible foryour device to be searched without a warrant.
Therefore, you may want to consider how tomake it less easy for someone to get onto
your phone or other electronics. Consider
using encryption, password-protecting yourdevice and hard drive, or even using a burnerphone. The Fourth Amendment protects
against forcing you to unlock your phone inmost places, so a password can be a solid
way to defend against cops looking throughyour phone. If you use biometric unlocking
settings—such as facial recognition or
fingerprint recognition—cops may forcibly put
your finger on the phone or hold it up to yourface. In general, consider turning off location
services, or even not bringing your primaryphone to a protest. Remember there may bethings in your phone that are private, even if
they aren’t unlawful.
What should I know about live-streaming,
26

posting videos and pictures, and talking to
the media?
Protesters may feel that it is important forthe public to see what is happening on the
ground at protests, from the point of view of
the activists themselves. Be aware that thesafest thing to do is to film police or counterprotesters. Live-streaming the activity of otherprotesters can expose people to criminal
liability by creating evidence that can be usedby law enforcement, even just to show thatsomeone was in a certain place at a certain
time. In addition, law enforcement could use
these images to try to get information about
the protest or movement from people they areable to identify in video or photos as having
been present at a protest. Videos and photos
can also expose people to danger, whether
it is family members who may disapprove of
their political views or doxxing and threats fromthose who are ideologically opposed to themessage of that protest.
However, video can be important in terms ofshowing misconduct or violence by police or
NATIONAL LAWYERS GUILD

27

counter-protesters. If you have video that you
believe might prove someone’s innocence, orshow that police or others behaved violently,
show it to an attorney, rather than posting
it online. There are now many instances ofpeople being criminally charged, and evendoing significant jail time, as a result of wellintentioned people publicly posting videos tosocial media. What appears to one person toshow a police officer attacking a protester canoften be used to convince a judge or jury thatthe protester assaulted the cop. Be careful andtake precautions before posting something thatmight help send one of your friends to jail!
If you decide to speak to the media, be careful
about what you say. Anything you say publicly
can be used as evidence against you — orsomeone else!

Creating an Arrest Safety Plan
What can I do to prepare for an action witha high risk of arrest?
Be prepared. If you are going to a high-risk
28

protest or are worried about getting arrested,make a plan with a trusted friend or family
member who is available to be on-call while
you are protesting. This person should not go
to the protest with you.
What should I tell the trusted person/people
who are part of my safety plan?
You should provide this person with information
for contacting local jail support groups andbail funds, and tell them to reach out tothose groups if you are arrested. You shouldmemorize the phone number of this trusted
contact and your attorney, if you have one.
In addition, tell your trusted individual where
you’re going as well as your full name as it
appears on your ID, date of birth, and any
medical needs. Give them a copy of yourkeys and make plans to have your children,
pets, and plants looked after. If there is a legal
support arrest hotline or bail hotline which canbe called from jail, another option is to havethe phone number memorized or written inpermanent marker on your body.
NATIONAL LAWYERS GUILD

29

Note: Be aware that writing out a pre-arrest
form may be used as evidence that you
intended to engage in unlawful conduct. It may
be safer to have a “standing emergency plan”
with a single trusted friend, rather than having
any “pre-arrest” or “jail support” forms.

Providing Support to Protestors
Are there other protest-related activities
besides protesting that could have legal
consequences?
Yes, but some activities are higher risk thanothers. Protest support activities that could
have legal consequences include fundraising,offering legal support, and offering medical
support. Less risky activities include providing
emotional support or jail support.
Fundraising: Accepting donations into yourown bank account can expose you to certain
tax obligations. If you accept donations
personally, even if you intend to give themto an organization or group, you should talk30

with an attorney to make sure you remain
in compliance with tax laws. If you ask for
donations, whether for a non-profit, an
individual, or a group, you must actually use
those donations for exactly what you said you
would. Using donations for a different purpose,even if it is similar to what you told people
the donations would be used for, may result incriminal charges for mail fraud or wire fraud.
Legal Support: If you are not a lawyer, you may
give out legal information, but offering legal
advice would be considered practicing law
without a license, which is a criminal offense— and is also potentially very harmful to theperson you are trying to advise!
Medical Support: Administering a prescription
medication without a prescription is a criminal
offense. (It can also hurt people). If you want to
act as a street medic, you can find street medic
trainings offered by street medic collectives
around the country. These trainings are specificto medical treatment during protests and are
critical even for people with formal, highlevel, medical training. These trainings include
NATIONAL LAWYERS GUILD

31

information on the laws about giving medicalcare in protest environments, what medications
are illegal to give out, the ethical and legal
scope of practice for street medics, and Good
Samaritan laws.
Emotional Support: Providing emotional
support is an important form of movement
work. However, people who are not licensed
therapists need to be careful not to take on
emotional support that they’re not qualified
for, as this can be legally dangerous. Licensed
therapists have patient “privilege,” meaninga court cannot ask them to testify against aclient. If you do not have a license, you may
be subpoenaed. Plus, providing some kinds ofsupport without training can hurt the person
you’re trying to help!

What to Bring and Not to Bring
What should I avoid bringing to a protest?
The level of risk will vary from event to event.
However, do not bring anything to a protestthat you are not prepared to potentially lose. In
32general:
•
•

•

•

Jewelry or other valuables could bedamaged, lost, or taken by cops.
Do not bring anything you wouldn’t want tobe arrested with (e.g. illegal drugs or illegal
weapons), as these can result in additionalcharges.
Do not bring anything to a protest thatyou do not want cops to see, including
any documents related to the movement,
activists that planned the protest, the marchroute, or other participants, and anything
private or intimate.
If you have any medication that you willneed to take during the time of a protest,
bring it with you in the original prescription
bottle. However, only bring as much as you
will need. Be aware that if you are arrested,
police will not let you keep that medication
with you, and they will not administer it
to you. If you require medication, you aregoing to have to demand the police takeyou to a hospital, where a doctor will give
you your medication.

NATIONAL LAWYERS GUILD

33

What are some other tips?
•

•

•

•

34

Makeup, contact lenses, vaseline, mineraloil or oil-based moisturizers and sunscreenscan make it harder to wash off tear gas,making the effects last longer. Contactlenses can become stuck to your eye (which
is a medical emergency!), and people might
accidentally scratch their corneas trying to
remove contacts in a panic. Glasses are asafer option.
If you bring your phone: disabling data,
turning on airplane mode, and disabling
biometric data (face or fingerprint
recognition) can protect against law
enforcement looking into your photos,
texts, and other data.
Wearing easily identifiable clothing (likea sweater with bright labels) can make iteasier to identify you or might make you
stand out in a crowd—if it helps, you canturn clothing inside out to make it more
plain.
Loose clothing may make you easier tograb.

Specific Considerations for
Marginalized Groups
Police officers and the legal system regularly
harm marginalized people. Though all of therights explained so far in this booklet apply toall people, the reality is that our legal system is
unfair. This makes it riskier for some groups toprotest, even though they have the right to doso. The groups included in this booklet are notthe only groups targeted by law enforcement,
and not all members of a marginalized groupare treated equally by cops.

Protesting as a Minor
Generally, minors (people younger than 18
years old) have the same civil rights as adults,
but there are differences in some situations.
For example, some states have laws sayingthat minors must be released to a parent or
guardian as soon as possible after arrest,
instead of being held for longer processing likepeople over 18. If you are a minor, it can be
helpful to check your state’s policies as part ofpreparing for a possible arrest.

NATIONAL LAWYERS GUILD35

Do I have to answer questions if somebody
in my school is the one asking?
No. Minors have the right to remain silent. You
cannot be arrested for refusing to talk to thepolice, probation officers, or school officials,
unless you are asked your name in a state witha “stop and identify” law. These states arelisted on page 5.
What if I am detained?
If you are detained at a community detention
facility or juvenile hall, you normally must be
released to a parent or guardian. If charges are
filed against you, you have a right to a lawyer
at no cost, just like an adult.
Do I have the right to express political views
at school?
Public school students generally have a First
Amendment right to politically organize
at school by passing out leaflets, holding
meetings, etc., as long as those activities are
not disruptive and do not violate school rules.
36

School rules may not single out any individual
or group based on politics, race, ethnicity, or
religion.
Can my backpack or locker be searched?
School officials can search students’ backpacks
and lockers without a warrant. You may statethat you do not consent to the police or school
officials searching your property, but rememberthat if you physically resist, you may facecriminal charges.

Protesting as a Disabled Person
What if I cannot stand for the entire time
during a protest?
If you need a break or to sit somewhere, besure to review the laws in your protest location.
If there is a sit-lie ordinance (which prohibits
anyone from sitting or lying down on a street or
sidewalk), you may not legally be able to sit orlie down unless you find a bench. These typesof ordinances are extremely ableist, but it isimportant to consider these laws when you’re
NATIONAL LAWYERS GUILD

37

deciding whether or not to attend a protest.
You could bring a chair, wheelchair, or assistive
device, but know that those items may betaken away from you or damaged.
What is my right to use a bathroom during aprotest?
For the most part, it is legal for private
businesses to tell members of the public they
can’t use the bathroom. However, there aresome states and places that have a Restroom
Access Act for people with medical conditions.
See the American Restroom Association’sRestroom Access Act page for a list of states.

American Restroom
Association’s Restroom Access
Act Page38

Is prescription medicine treated differently
than other medical equipment when I am
arrested? How (if at all) can I get access toneeded medication if arrested?
You may not have access to medication if you
are arrested, even if you bring your medication
with you. One option for a safety plan is to ask
your trusted person to bring your medication
when you’re released. Because they could besued, police do not typically give you your
medication, but they can take you to a hospitalin order for a doctor to do so.
How can I best protect my accommodation
resources (mobility aid, other medical
equipment, service or emotional support
animals, etc.) when participating in a
protest?
If you are attending a protest with a high riskof arrest, the standard advice is not to bringanything that you are not willing to lose.
However, you may not be able to attend
without your mobility aid, service animal, or
medical equipment.
NATIONAL LAWYERS GUILD

39

The decision of whether or not to risk losing
or endangering your accommodation resourceor animal is challenging. If you bring aservice animal or piece of necessary medical
equipment, one option is to coordinate asafety plan in advance with a friend who
will attend the event with you and take your
medical equipment and/or service animal if
you are arrested. However, there are still risks
associated with this in the case of mass arrests,
especially for animals. Your animal may beharmed at a protest despite your best efforts toprotect them.
If you are organizing jail support, consider
keeping canes and other mobility devices inyour jail support materials for disabled people
who are being released and are not able to gettheir mobility devices back immediately.
I want to organize an accessible protest.
What are some tips?
Protests can be unpredictable. There is thepossibility of arrest, the possibility of police
violence, and the inaccessibility that walking40

or standing around may pose. Include as
many details as possible in communication toparticipants so that people can make informed
decisions about their own risk. Some questions
to address in your communications include: Are
there interpreters that you will provide? Whereis the nearest bathroom? Where is the closest
transit station? If there is a protest path, arethere any stairs? Have organizers proactively
asked jail support organizers to bring backup
mobility aids?

Resources on Organizing Accesible
Protests:
HEARD’s The Revolution Must Be Accessible:

more resources on the next page

NATIONAL LAWYERS GUILD

41

S.E. Smith’s How to Make Your Social
Justice Events Accessible to the Disability
Community: A Checklist:

ADA National Network’s A Planning Guidefor Making Temporary Events Accessible toPeople With Disabilities:

Protesting as a Trans Person
When it comes to interacting with law
enforcement, what should I do if my ID andpresentation differ?

42

Police departments in some major U.S. cities
have policies about police interaction withtrans and gender non-conforming people—
check your city’s police department website,or consult your local queer advocacy group or
queer-competent attorney, if there are any. This
information may not change your experiencein the streets, but if your rights are violated,
it may be helpful to your case to have thisinformation.
It can be extremely useful to have an attorney
who understands the laws affecting orprotecting queer and trans people as well as
queer and trans protesters’ particular needs
and desires. Such an attorney can call thejail and advocate for you, remind the copsthat there are attorneys paying attention totheir behavior, and educate the cops on their
obligations and best practices. If there are notalready such attorneys in your area, reach out
to Femmelaw, which will be happy to provide
or facilitate connections to people who canprovide training and education for attorneys inyour local area.

NATIONAL LAWYERS GUILD

43

Femmelaw

There is no legal requirement that gendermarkers on your various documents are all thesame. However, this can create administrative
problems or frustration that could work againstyou. Make sure your photo identification is as
up to date as possible. Even if you are not able
to change your gender marker, you may retake
your photo for your ID. If you have changed
your name, it may be helpful to carry a copy ofname-change documentation.
In some states, you can be charged withimpersonating another person or providing
false information, in addition to whatever otherprotest-related charges you may face. Thesecharges tend not to be actually prosecuted,
and are very rarely successfully prosecuted, but
it can be traumatic to be criminally charged.
There may be times when explaining your44

gender may feel like the safer choice. There
may also be times when you feel it is safer to
use your deadname and pronouns. It is entirely
up to you.
As new anti-trans laws are passed in different
cities and states, it can be helpful to stay upto-date on the laws about trans people in thearea you’re protesting in. Knowing whether or
not you or your loved ones are at legal risk if
you’re outed to the police can help inform yourdecision whether or not to protest, what form(s)of identification you want to carry, and othersafety questions.
What should I know about my rights when it
comes to pat-downs, invasive searches, andgender affirming body-wear?
Police can do an over-the-clothes pat-down
only after you have been detained or arrested.
Any officer may perform this pat-down on
anyone. You may request that an officer of aparticular gender perform this pat-down, but
police may not be required to comply with yourrequest.
NATIONAL LAWYERS GUILD

45

They are not permitted to do a more invasive
search (e.g. strip-search or reaching into brasor pockets) without a “reasonable suspicion”
or “probable cause” that you have committed
some criminal offense. In this case, you havethe right to request a search from an officerof the same gender. Police may not perform a
strip-search solely for purposes of examining
your body. Such a search must be supported byprobable cause.
Many police departments do not have anuanced understanding of sex and gender,and may choose someone they perceive as
having the same sex assigned at birth when
determining who will perform an invasive
search. State clearly, and loud enough forpeople around to hear, that you do not consent
to a search.
When it comes to arrests, most U.S. city
police departments have no policy regarding
appearance-related materials. This means that
items like breast forms, binders, and packers
may be taken away at the officer’s discretion.
There are very few clear protections in this area.
46

Anything an officer perceives as “dangerous”
can be taken, and courts tend to trust the
judgments of police officers and jails when they
make decisions based on “safety.”
I have legally changed my gender marker. If
I get arrested, will I get sent to the jail thatmatches my current legal gender?
It depends. Most jails and prisons do nothave a policy on where to house trans people,
and some of them will house a trans person
according to their sex assigned at birth, even
if your gender as stated on your state-issued
ID is different from your sex assigned at birth.
In some places, you may be housed alone “foryour protection.” Ask for what you want, and if
you can, make friends with a gender-affirming
attorney who can call the police station andadvocate for you in the ways you would like.

NATIONAL LAWYERS GUILD

47

More Resources on Protesting As a
Trans Person:
Transgender Law Center:“Participating in Direct Actions: A Guide forTransgender People” by the Sylvia Rivera Law
Project & National Center for Trans Equality:

Protesting Without US Citizenship
Am I required to talk to government officers
about my immigration history?
Absolutely not. If you are undocumented, outof status, a lawful permanent resident (green
48

card holder), or a citizen, you do not have toanswer any questions about your immigration
history. If you have a lawyer, you can tell theagent that the lawyer will answer questions foryou.
Should I carry my green card or otherimmigration documents with me?
The best practice is to carry copies, and not theoriginal document. If you do not carry these
papers with you, you could be charged with acriminal offense, but a copy of an unexpired
green card, unexpired I-94, Employment
Authorization Card, Border Crossing Card, orother papers can prove your legal status, while
keeping the originals safe from loss or damage.
In addition, always keep a copy of yourimmigration papers with a trusted family
member or friend who can fax them to you,if need be. Check with your immigration
lawyer about your specific case. Keep in mind
that presenting false or expired papers to
Department of Homeland Security (DHS) may
lead to deportation or criminal prosecution.
NATIONAL LAWYERS GUILD

49

More Resources on Protesting andImmigration Status:
National Immigration Law Center’s page on
Participating in Demonstrations:NLG National Immigration Project’s page on
Tools to Defend Your Rights:

Other Risk-Related Protest Questions
If I have a criminal record, or outstanding
warrants, what should I keep in mind interms of my risks?
50

If you have a warrant for failing to appear incourt, it is much more likely that a judge will
set a bail in order to secure your release. If you
have an open warrant somewhere else, you
may be moved to that place (or ‘extradited’).
If you have an open case already, you may
face harsher penalties. If you have a recordof previous arrests and convictions, you may
face a more aggressive prosecution, or lessfavorable plea offers.
What are “collateral consequences” of arrestor conviction, and how might I be affected?
A “collateral consequence” is a negative
consequence of arrest or conviction that isn’t apunishment set by a judge.
Any contact with the criminal legal system
may trigger such collateral consequences. For
example:•If you are a foster parent, any arrest, even
without a conviction, could trigger review

NATIONAL LAWYERS GUILD

51

•

•

•

•
•
•

from the Department of Children andFamily Services;
Anyone who works for the Departmentof Education, such as a teacher orparaprofessional, may be required to report
the arrest within a certain time frame andmay be subject to discipline;
If you are not a citizen, you may suffer
negative immigration consequences,including removal proceedings, simply as aresult of being arrested;
Residents of public housing may lose theireligibility for housing if they have drugrelated offenses or allow someone withdrug-related offense convictions to staywith them;Students may become ineligible for student
loans based on certain offenses;
Certain kinds of public assistance may be
withheld based on arrest; andYou may need to disclose the arrest to youremployer or licensing commission in orderto maintain certain professional licenses.

In some places, arrests and convictions for52low-level offenses may appear on your record,
and law enforcement and certain government
agencies may be able to see that you werearrested, even if you were not convicted.
You are not supposed to be punished if
you have not been convicted of an offense.
Collateral consequences are not punishments
imposed by a court, and it can be difficult tochallenge them. If you are suffering collateralconsequences of arrest, don’t hesitate to reachout to your local NLG chapter for help.

NATIONAL LAWYERS GUILD

53

During a Protest
Police Searches
I plan to drive to a protest or participate in a
car caravan. Can the police search my car?
The police can search your car if there is acheckpoint, or if they believe that you havesomething illegal. If the police stop you in yourcar, keep your hands where the police can see
them. If you are driving a vehicle, you mustshow your license, registration and, in somestates, proof of insurance. However, you do nothave to consent to a search. The police may
or may not have legal grounds to search yourcar, but clearly state that you do not consent.
Officers may separate passengers and drivers
from each other to question them, but (asalways) no one has to answer any questions.
Just say: “I am going to remain silent, and I
want to speak to a lawyer.”
I am carrying a backpack at a protest. Can
the police search it?

54

The police are not allowed to search yourbackpack unless they have a valid search
warrant or probable cause. However, they may
search your bag anyway. Trying to stop thepolice from searching your bag probably won’t
actually stop the search, even if you know thepolice don’t have a warrant. You should say“I do not consent to a search,” and call acriminal defense lawyer. If you are arrested,
your belongings will be searched, and this islegal.
If you are protesting at your workplace orschool, your employer or school might beable to consent to a search of your workspace
without your permission—but you still haveauthority over your own body, as well as
your First Amendment right to protest. You
cannot be criminally charged for the politicalprotest, even if your workplace or school sets
consequences.

Physical Self-Defense
To what extent, if at all, can protestors
defend themselves against far-right militia
NATIONAL LAWYERS GUILD

55

members?
Far-right militia members have the sameright to protest as you do. Under the U.S.
Constitution, opposing groups each have theright to protest or counter-protest, but they
do not have the right to fight one another.
In theory, this means that police should keep
opposing groups apart so that they don’tsilence or harm one another. In practice,
however, there is a well-documented history of
law enforcement working with, or even being
members of far-right organizations. This meansthat more progressive protesters may be put
at serious risk of arrest or bodily harm. If you
wish to avoid arrest or violence, you can try to
put distance between yourself and the policeand counter-protesters, but there is no way toeliminate the risk. Always do what feels safest
to you.
What are other safety tips I can keep inmind if violence breaks out?
Walk, Don’t Run: Running in a crowd creates
serious risks of physical injury to yourself and56the people around you. If you are in an area
where you feel unsafe, walk (do not run)to a place that feels safer. Stay in a group,
if possible. Unfortunately, there are somesituations where leaving quickly may be safest.
Use your best judgment.
If you are actively being harmed and you areunable to get away, you do have the right todefend yourself, but are only supposed to use
as much force as it takes to exit the situation,and nothing more. Even if you are justified inusing self-defense, you may still be arrested
and charged — but you may have a strong
defense against the charges.
If you are caught in a violent situation andpolice officers start arresting people, there is achance you will be arrested just because you’rein the area. Do your best to remain calm, andremember to say: “I am not resisting” (andinvoke your other rights as needed).

NATIONAL LAWYERS GUILD57

Next Steps if You’ve Been
Arrested
Navigating an Arrest
•

•
•

•

•

58

Say “I am not resisting.” Even if you havenot done anything illegal, resisting arrest
can lead to severe charges — and the riskof physical violence against you.
Say “I am going to remain silent. I wantto talk to an attorney.” And then remainsilent.
It may be illegal to lie to cops — keep inmind that although they are allowed tolie to you, lying to a government agent
is sometimes a criminal offense, whileremaining silent is not. It is always safer not
to say anything besides “I am going toremain silent and I want to speak with alawyer.”Speaking to other arrestees about yourarrest, including what the police think you
did, is dangerous and unnecessary – younever know who could be listening.
You are not obligated to discuss yourimmigration status with anyone other thanyour attorney, and it is dangerous to do so.

••Police may take your DNA from waterbottles, cigarettes, or chewing gum, so bewary if they offer you any of those things.
Use your right to make a local phone call.
Within a “reasonable time,” the police aresupposed to let you make a phone call(though they do not always actually let you
make a call). If you call an attorney, police
are not supposed to listen, and anything
you say is not supposed to be usedagainst you in court. Still, it is a good idea
to assume that police are listening, andthere is no reason to share any potentially
incriminating information. Just let yourattorney know that you have been arrested,
and where you are.

I’ve been injured during a protest and havebeen arrested. If I have insurance, how does
medical coverage work while I’m arrested?
When you are arrested, insurance coveragefor medical treatment varies based on theinsurance carrier’s policies, and on how a state
defines “medical necessity.”

NATIONAL LAWYERS GUILD

59

Some insurance plans do not cover services
provided in a prison, jail, or detention center.
Other insurance plans have specific policies
for medical services you may need while incustody.
If you or someone with you requires medicalcare, especially as a result of injuries causedby police, it is important to get medical careas soon as possible, even if police say it will
prolong your stay in custody. You deserve
medical attention, and it is important todocument any injuries.
I was arrested, and the cops took mybelongings. How do I get them back?
Don’t bring anything to a protest that you
are not prepared to lose. If you are arrested,
the police will at least temporarily take yourpersonal items. These items will be recorded
by a clerk. The clerk will give you a property
voucher. This voucher will allow you to getyour items back from the clerk when you
are released, or sometimes, if the items are
considered evidence, they will be released to60

you (or confiscated) once the case is resolved.
If the voucher is incorrect or has items missing,refuse to sign it until it is fixed.
If you are taken to a central booking facility
before you are given a voucher, return to theprecinct where you were arrested once you
are released. The property officer will ask thedate of your arrest, your arrest number, and thename of the arresting officer. You will need topresent your ID and your voucher to the clerk
to get your items back. You may be asked to
identify the items in some other way, such as
describing them. However, sometimes one ormore of the items may be kept as evidence, inwhich case you won’t be able to get them backwithout permission from the District Attorney.
This usually happens once the case is over.
What resources might be available tosupport me if I am arrested? How might I
support others who have been arrested?
Jail Support is the practice of tracking
arrestees through the jail and court system,
facilitating their release, and providing support
NATIONAL LAWYERS GUILD

61

to them upon their release. Jail support
volunteers may collect the names of arrestees
in order to track them, communicate with jails
and courts to gather information, and may also
wait outside the jail to meet people when theycome out. They may gather contact informationof arrestees so they can help them return tocourt on the scheduled dates, provide rides
home for anyone who needs one, and takephotos to document injuries. Street medics
are often present at jail support to provide firstaid, document injuries, or help people accessclinics.

Jail Support and Solidarity —Up Against the Law Collective

A bail fund is an organization, often charitable,community, and/or volunteer-driven, thatcollects money for the purpose of posting
monetary bail for those in jail, particularly those
who cannot afford bail on their own or those in62

jail who were arrested while protesting.
The purpose of bail is to make sure that adefendant shows up to their court date. Bailinvolves a defendant promising to give thecourt a certain amount of money or property
until their case is over, at which point, if they
have come to all their court appearances, thecourt will return the money or property. A third
party may also post bail for someone who does
not have any assets to lend the court during
their case.
If a judge believes that an individual is likely
to return to court without holding someof their property hostage, that individual
may be released without bail “on their own
recognizance.” If the judge believes bail isneeded to make sure the person returns tocourt, and that person does not have any
money or property, a bail fund may pay theirbail. Although community bail funds vary intheir operations, the basic process is the same:if a bail fund pays the individual’s bail to havethem released, the fund will receive the money
back (minus fees) when the individual returns
NATIONAL LAWYERS GUILD63

to court when scheduled and completes theircase. The bail fund can reuse this money for
another case.

How It Works — The
Massachusetts Bail FundIf you are organizing a very large event with arisk of arrest, it can be useful to contact yourlocal bail fund ahead of time to let them know
so that they will have enough volunteers during
your event.
Bail funds vs. bail bond companies: Bail funds
post bail for people at no cost. Many funds
have criteria for who they’ll post bail for, so be
sure to check your local funds’ policies. Bailbond companies charge a fee for posting bail.

Bail 101 — Northwest
Community Bail Fund

64

Bail bond companies are out to make a profit,
so be aware and try to find out if there are any
that are more (or less) trusted in your area.

More Bail Fund Resources:
List of bail funds around the country:

The National Bail Fund Network is madeup of over 90 community bail and bondfunds across the country that are regularly
paying bail/bond within the criminal legal or
immigration detention systems for community
members. Find a bail fund in your area using
the Network’s Directory of Community BailFunds:

more resources on the next page

NATIONAL LAWYERS GUILD

65

Pre-Trial Directory:

The Bail Project provides bail assistance incities throughout the country while working incoalition to eliminate cash bail:Legal defense funds are usually non-profit
organizations set up to raise funds for legal
purposes for organizations, individuals, or a
specific function. Funds may pay for lawyers’
fees, legal advice, court filings, and more.
For example, the NAACP’s Legal Defense Fundsupports and starts cases aimed at protecting
civil rights, challenging racial discriminatory66

policies, and advancing criminal justice reform.

More Legal Defense Fund Resources:
Want to set up a legal defense fund in yourarea? Check out NLG’s Best Practices Guide:

Disclaimer
This booklet is not a substitute for legal
advice. You should contact an attorney if you
have been visited by the FBI or other federal
law enforcement officials. You should also
alert your relatives, friends, co-workers, andothers so that they will be prepared if they arecontacted as well.

NATIONAL LAWYERS GUILD

67

This booklet was created by the National Lawyers
Guild, in collaboration with Colin Kaepernick’s
Know Your Rights Camp, the National Police
Accountability Project, and the National Immigration
Project of the NLG, and with contributions from
NLG’s Disability Justice Committee, NLG MassDefense Committee, and NLG law student
members.
Layout by Mitali Sharma
Artwork by Brandan “BMIKE” Odums, a New
Orleans-based visual artist who, throughexhibitions, public programs, and public art works,
is engaged in a transnational dialogue about theintersection of art and resistance.
		BMIKE’s website:

68national lawyers guild/NLGnational@NLGnews@nationallawyersguild

www.nlg.org/nlg