This document is not a substitute for legal advice and the information contained herein does not create an attorney-client relationship. Anyone detained or arrested by the police should consider retaining counsel.
The Fourth Amendment protects against unreasonable searches and seizures. This means that:
The Fifth Amendment protects against self-incrimination. This means that:
The Sixth Amendment provides the right to an attorney to any suspect who is detained or arrested. This means that:
If you are stopped by the police, be polite, remain calm, and ask if you are free to go. If the answer is yes, consider walking away. If the answer is no, you are being detained.
The police can conduct a pat-down search of you outside your clothing if they have reasonable suspicion that a crime has been committed or that you are armed and dangerous. They can conduct a more extensive search of you and your belongings if they have probable cause to believe a crime has been committed or they receive your consent to perform the search. If the police begin to conduct a search without your consent, say clearly “I do not consent to this search.” If they search anyway, do not resist in any way.
If you are detained and/or arrested by the police, anything you say can be used against you. The safest course of action is to invoke your right to remain silent and request a lawyer. It is critical to remain silent after you invoke this right; if you begin speaking, your 5th and 6th amendment rights may be waived and the police can begin questioning you again.
Lock your cell phone with a passcode, not a thumbprint.
Media: In the event of a law enforcement incident, all media questions should be directed through the group's designated press contact. Group members should avoid interacting too much with reporters on the scene, keeping in mind that passing comments can quickly become record. Once immediate safety and legal concerns have passed, members who were in attendance may wish to share their contact information with their group's press point of contact in the event of follow-up questions from the media.
Privilege: Special circumstances like medical needs/disability, limited English language ability, non-citizenship, criminal history or pending cases, transgender/gender-nonconforming, economic and family obligations, and other situations, can heighten the consequences of arrest. People with concerns should strongly consider these factors before and/or while engaging in protests and, when possible, consult a lawyer before participating in civil disobedience. Those in more privileged positions need to be cognizant that some members of your group will be more comfortable taking certain risks than others.