What Happens When You’re Arrested, a Protestor’s Guide

johnskylar:

I’m writing this for people who may be protesting right now, so it’s a mix of both information about arrests as well as advice about what to do.

1. The police, when they decide to arrest you, will not un-decide to arrest you.  Do not physically resist.  Obey their commands and allow them to move your body if they try to do so.  This is for your safety.  Be polite, ask questions like “Am I being arrested?” and “What am I being arrested for?”  Get the names of all of the officers who interact with you, and badge numbers if possible.
2. They will ask if there is anything on your person that can hurt them.  ANSWER THIS HONESTLY AND FULLY.  Tell them about pens, keys, WHATEVER you are carrying.  Do not give them an excuse to hurt you.
3. They will try to search your belongings.  This is not the time to start invoking the second amendment and screaming.  If they ask if they may search you, you do not have to say yes, but if they do it anyway, do not get indignant or physical.  They may be within their rights to search you, they may not—let your lawyer decide later.  Saying “I don’t consent to being searched” means your lawyer can later try to get anything from that search thrown out.  Saying “fuck you” and getting violent means the cops can later use that against you.
4. THEY WANT TO FIND DRUGS.  It’s really easy for the police to justify arresting you if they find drugs on your person.  DO NOT carry illegal drugs at a protest.  EVER.  If you have to carry legal drugs for emergency use, be prepared to explain exactly what they are, what they treat, and be ABSOLUTELY SURE that your prescriptions for those drugs are legitimate and up to date.  Make sure that any legally prescribed drugs that you must carry are in the original packaging with the original prescription information on them.  This applies to inhalers and epi-pens as much as pills!!
5. Be cordial.  Once the police have you in a car, in lockup, or isolated, be friendly and talk to them like you would someone you want to get to know as a real person. They will become less suspicious of you—and be more likely to release you—if you are friendly and nice.
6. Resistance comes after you have a lawyer.  Be prepared with phone numbers for the National Lawyers’ Guild, a lawyer that you choose, or the resources to get a public defender.  Do not answer questions until you have spoken to a lawyer.  The police will try to convince you that calling a lawyer will make your experience worse.  They will offer incentives to avoid calling a lawyer, like (in NYC) letting you off with a Desk Appearance Ticket rather than sending you to Central Booking.  It’s your choice whether you take something like this, but keep in mind that anything you say without your lawyer present that doesn’t amount to “I don’t remember” or “I don’t know” is likely to hurt you later.  Once you have a lawyer, they will know how to protect you and lessen the damage.

Stay safe, be cordial, and protest to the fullest extent of your rights.

#this is US law  #does anyone have any differences in UK law or other countries??

I know some of this, most of it still applys cause its not really to do with law per say, carrying ‘weapons’or ‘illegal’ drugs will likely be the difference between you being charged and you being released if you’re arrested and the difference between being arrested and being searched and let go if you are searched (meaning anything they can construct as a weapon and any drugs not in original packaging with perscription with them like said above). That’s going to be reasonably universal where ever you are really. Explaining what you have and why you have it before the search starts is a good idea if you get stopped in everyday life (I’ve been stoped while I happened to have craft knife blades on me before because architecture – but if I had brought them to a protest that wouldn’t be a reasonable excuse)  

I think search powers are slightly different though, police can question you at any time and can stop and search if they have reasonable grounds to suspect your carrying drugs, weapons or stolen goods/something that could be or has been used to commit a crime. Unless they have permission from a senior officer and serious violence could take place or your in a specific place (a lot of which can apply at a protest – i’m fairly sure they can call ‘at the protest’ a specific location where they have the legal right to search you). Although the search can still be illegal if they dont tell you their name and station (they should also be in uniform or show you a warrent card) the reason they are searching ou and what they expect to find, why they are legally allowed to search you and that you can have a copy of the search record – again raise that objection with a lawyer later if they didnt do any of it.

they can get you to remove your jacket and like gloves/scarfs/etc but if they want you to remove anything more or religious clothing they have to take you somewhere outside of public veiw and be the same sex as you (I’m fairly sure this is worded as ‘sex’ specifically – this might in practice mean legal gender or it might not) 

as a side note: they are not allowed to delete pictures you’ve taken from cameras or phones because if you’ve committed a crime by taking them they are evidence against you if you havent the pictures are completely innoccent

You’re entitled to free legal advice if you’re questioned at a police station in the uk so you can ask for the duty solicitor for the station (they are idependant of the police) or get the police to ring the dscc or a specific solisitor if you have your own one. 

They can hold you 24hrs before they have to either charge you or release you (though its longer for serious crimes?) – if they dont have enough evidence to charge you they might release you on bail, which means here that you have to come back in for questioning if asked not that you have to pay