Protecting Yourself During Protests
Although media coverage can often make it appear that those participating in a street protest are inches away from getting thrown in prison, the truth is, the majority of protestors are protected from police interference by their constitutional rights. Many people aren’t aware of the specifics of their rights when protesting, however, and sometimes law enforcement or other authorities will exploit that ignorance. That’s why a basic familiarity with your rights as a protestor can go a long way to ensuring that you make your voice heard, and police don’t overstep their bounds when it comes to criminal law.
Free Speech and Private Property
Protests and their participants are protected under the First Amendment rights of free speech, free assembly, and petition for “redress of grievances” – provided that the gathering isn’t breaking any other laws. There are some easy steps to ensure that you are on the right side of the law as a protestor. First, stick to areas that qualify as “traditional public forums” – parks, sidewalks, streets, and usually government building plazas. Second, avoid going onto private property, obstructing traffic or building entrances, or using audio amplification equipment that may violate noise ordinances.
A protest can take place on private property as well, but only with the property owner’s explicit prior consent – who can also impose any regulations on the gathering if they choose. And a public protest can use audio amplification or block off streets, but it will need to have approved permits for doing so ahead of time. Remember, however, that civic authorities cannot deny such permits just because the protest would be controversial, and they should waive any permit fees for those who can’t afford them.
A Reason for Arrest
If a protest meets these requirements and presents no immediate threat to public safety, police cannot physically interfere except to prevent violence (e.g., keeping antagonistic groups separated). They also cannot place restrictions on speech or prevent the taking of photographs or video. However, the police may place someone under arrest or otherwise detain them if there is a compelling reason to believe that they are in the process of committing a crime or have recently done so.
It is critical to remember this requirement and remain calm if you find yourself interacting with the police. Aggression or physical resistance may give them a reason to arrest you. Otherwise, the most that police can do without making an arrest is to ask questions and perhaps pat you down for weapons. You are not required to consent to further searches, nor do you need to answer any questions – in fact, it is usually wisest not to. At any point, you can simply ask, “am I free to go?” If the officer says yes, you can just walk away. If the answer is no, then ask if you are under arrest.
If you are under arrest, then the officer must verbally remind you of your “Miranda rights” – namely, your right to remain silent and your right to an attorney. They can legally search you at this point and take you into custody, but you will be allowed the customary single phone call. Remember that if this call is made to a lawyer, the cops are forbidden to listen in on it.
Stay Calm and Cooperative
Although being arrested is a stressful and frightening experience, it is still crucial to remain cooperative. Arrests are often made in fast-paced situations where officers may not actually have the cause to act that they think they have. By keeping your cool and remaining cooperative, you are less likely to give them that cause. You should be released from custody within 48 hours (24 in some states) if the police cannot produce evidence of a compelling reason for your arrest. However, If they can, and you are kept in custody, an experienced criminal law attorney will be a significant asset in convincing a judge that the arrest was wrongful.
If you find yourself in a situation where you think law enforcement is violating yours or others’ rights, make a note of 1) the officers’ badge and patrol car numbers, 2) the exact name of the agency they represent, 3) contact information for any witnesses, and 4) photos of any injuries. You can use this information to file a complaint with the agency in question or potentially a civil lawsuit. A legal firm specializing in criminal law or civil rights, such as Zarka Law Firm, is an ideal place to start with any questions about your rights as a protestor.
Protecting Yourself During Protests
Although media coverage can often make it appear that those participating in a street protest are inches away from getting thrown in prison, the truth is, the majority of protestors are protected from police interference by their constitutional rights. Many people aren’t aware of the specifics of their rights when protesting, however, and sometimes law enforcement or other authorities will exploit that ignorance. That’s why a basic familiarity with your rights as a protestor can go a long way to ensuring that you make your voice heard, and police don’t overstep their bounds when it comes to criminal law.
Free Speech and Private Property
Protests and their participants are protected under the First Amendment rights of free speech, free assembly, and petition for “redress of grievances” – provided that the gathering isn’t breaking any other laws. There are some easy steps to ensure that you are on the right side of the law as a protestor. First, stick to areas that qualify as “traditional public forums” – parks, sidewalks, streets, and usually government building plazas. Second, avoid going onto private property, obstructing traffic or building entrances, or using audio amplification equipment that may violate noise ordinances.
A protest can take place on private property as well, but only with the property owner’s explicit prior consent – who can also impose any regulations on the gathering if they choose. And a public protest can use audio amplification or block off streets, but it will need to have approved permits for doing so ahead of time. Remember, however, that civic authorities cannot deny such permits just because the protest would be controversial, and they should waive any permit fees for those who can’t afford them.
A Reason for Arrest
If a protest meets these requirements and presents no immediate threat to public safety, police cannot physically interfere except to prevent violence (e.g., keeping antagonistic groups separated). They also cannot place restrictions on speech or prevent the taking of photographs or video. However, the police may place someone under arrest or otherwise detain them if there is a compelling reason to believe that they are in the process of committing a crime or have recently done so.
It is critical to remember this requirement and remain calm if you find yourself interacting with the police. Aggression or physical resistance may give them a reason to arrest you. Otherwise, the most that police can do without making an arrest is to ask questions and perhaps pat you down for weapons. You are not required to consent to further searches, nor do you need to answer any questions – in fact, it is usually wisest not to. At any point, you can simply ask, “am I free to go?” If the officer says yes, you can just walk away. If the answer is no, then ask if you are under arrest.
If you are under arrest, then the officer must verbally remind you of your “Miranda rights” – namely, your right to remain silent and your right to an attorney. They can legally search you at this point and take you into custody, but you will be allowed the customary single phone call. Remember that if this call is made to a lawyer, the cops are forbidden to listen in on it.
Stay Calm and Cooperative
Although being arrested is a stressful and frightening experience, it is still crucial to remain cooperative. Arrests are often made in fast-paced situations where officers may not actually have the cause to act that they think they have. By keeping your cool and remaining cooperative, you are less likely to give them that cause. You should be released from custody within 48 hours (24 in some states) if the police cannot produce evidence of a compelling reason for your arrest. However, If they can, and you are kept in custody, an experienced criminal law attorney will be a significant asset in convincing a judge that the arrest was wrongful.
If you find yourself in a situation where you think law enforcement is violating yours or others’ rights, make a note of 1) the officers’ badge and patrol car numbers, 2) the exact name of the agency they represent, 3) contact information for any witnesses, and 4) photos of any injuries. You can use this information to file a complaint with the agency in question or potentially a civil lawsuit. A legal firm specializing in criminal law or civil rights, such as Zarka Law Firm, is an ideal place to start with any questions about your rights as a protestor.
