What to Do If You Are Arrested During a Protest
When attending a protest, it is important to know your rights. In the video above, we speak with Attorney Marianne Kayshian, Senior Attorney at Brooklyn Defender Services, about the right steps to take if you are arrested during a protest.
Write important phone numbers on your hand
Before going to a protest, Kayshyan recommends writing on your hand the contact numbers of a lawyer or legal service. This ensures that you know how to contact them even if the police confiscate your phone.
Withdraw your right to remain silent and ask to speak to your lawyer
If you are arrested during a protest, declare your right to remain silent. You can give the authorities your name and address, but do not answer other questions and ask to speak with your lawyer immediately.
Kayshyan says she often tells her clients to use her as an excuse. She suggests using phrases such as “my lawyer said I can’t talk to you, I need to call her,” which can partially ease your burden of answering questions.
Don’t agree to have your phone searched
The police can confiscate your phone, but you are not required to consent to a search of your personal devices. Law enforcement agencies cannot access your phone without a warrant, but they can still try to pressure or scare you into unblocking it. That’s why it’s best to turn off biometric unlock features like Touch ID or Face ID and set a long, complex passcode instead.
Kayshian warns that the police are still allowed to search your pockets and bags, so don’t bring anything of value or anything you don’t want the police to find at the rally.
Do not give a DNA sample
During an arrest, the police may try to obtain your DNA by rubbing your cheek. Don’t agree to donate a DNA sample, even if the cops consider it a standard arrest procedure.
A cheek swab is a common way to get DNA, but the police have other methods to watch out for, including offering you water bottles, cigarettes, or chewing gum. It is best not to accept anything from the police – especially during an arrest.
Capture the incident and get the badge numbers
Kayshyan recommends going to protests with a friend or a group of friends, provided they keep an eye on each other. This includes filming in the event of arrest or police abuse. Authorities may say it is illegal to film the arrest, but unless you physically interfere with the officer, you have the right to stand aside and capture the entire moment.
If you are being arrested and you know that there is a friend or stranger who is filming a movie nearby, it can also be helpful to talk loudly about what is going on. It can give context to the incident and can help your case in any lawsuit.
You should also try to find out the names and badge numbers of all officers involved in the arrest or ill-treatment. While this does not often lead to negative consequences for officers, Kayshian says it helps build a paper trail of misconduct that can help guide future cases.
Get ready for the reality of arrest
Knowing your rights, following all of the above steps, and taking all precautions will still not protect you from abuse by law enforcement. In an ideal world, everyone would be aware of their rights, and the authorities would follow the procedures impeccably every time. But this is not a perfect world, and the arrests are hectic, frightening and stressful. Remember that things can not go as smoothly even if you do it right. However, knowing and exercising your rights is the best tool you have to reduce your risk.