If you participate in an act of civil disobedience and are arrested and detained, here is what to generally expect during the arrest and the hours afterward. Note: many of these items may be specific to the USA and not other countries.
If Stopped by Police
· Stay calm & silent
· You have the right to record public officials, including the police.
· Do not lie to law enforcement or provide false documents.
· Say: “I am exercising my right to remain silent.”
· Ask: “Am I free to go?”
· If they say no, ask: “Am I being detained?” If yes, ask why.
· Do not consent to a search
o You can say: “I do not consent to a search.”
· If they search you anyway, do not resist but repeat your lack of consent.
· Do not answer questions – anything you say can be used against you.
· Have your “Know Your Rights Card” ready.
· IMPORTANT FOR DIGITAL PRIVACY:
· You do NOT have to unlock your phone or provide passwords.
· Law enforcement may search your phone only if they have a warrant.
· Use strong passwords and enable encryption on your devices.
If You Are Arrested
· Do not resist: even if the arrest is unlawful, resisting makes it worse.
· Ask for a lawyer immediately: do not answer questions without one.
· Remember details: note badge numbers, officer descriptions, and what was said.
If You Witness Someone Else Being Arrested
· Record video If possible: be discreet and upload immediately to social media if possible.
· Chant supportively.
o Phrases like “Let them go!” or “We are watching!” can help.
· Share arrest details with legal observers: write down what you see and report to legal aid groups.
What Happens if You Are Arrested?
(1) Common Charges and Consequences for Protest Arrests
· Disorderly Conduct (a.k.a. Disturbing the Peace)
o This is a broad charge that covers blocking traffic, making excessive noise, or failing to disperse when ordered.
o Consequences: usually a misdemeanor, with possible fines or short jail time (often a few days or community service).
· Unlawful Assembly
o Applied when authorities declare a protest illegal (e.g., for not having a permit or turning violent).
o Consequences: typically, a misdemeanor, with possible fines and probation. In rare cases, jail time up to a year.
· Failure to Disperse
o If law enforcement orders a crowd to leave and someone remains, they may be arrested.
o Consequences: misdemeanor, leading to fines or brief jail time.
· Trespassing
o Entering or remaining on private or restricted public property without permission.
o Consequences: misdemeanor, punishable by fines, community service, or jail (usually up to a few months).
· Resisting Arrest (or Obstructing an Officer)
o Even passive resistance, such as sitting down or refusing to put hands behind the back, can lead to this charge.
o Consequences: can be a misdemeanor or felony, depending on the level of resistance. Jail time and fines vary.
· Vandalism (Destruction of Property)
o Includes graffiti, damaging buildings, breaking windows, or spray-painting signs.
o Consequences: if damage is minor, it’s a misdemeanor with fines; if significant, it can be a felony with jail time.
· Curfew Violation
o Some cities impose curfews during protests, and violating them can lead to arrest.
o Consequences: usually a minor offense, but can result in fines or community service.
· Riot or Inciting a Riot
o If authorities believe someone is encouraging violence or destruction, they may charge them with incitement.
o Consequences: this can be a felony in some jurisdictions, leading to serious penalties, including years in prison.
(2) Booking & Detention
After arrest, individuals are fingerprinted, photographed, and held.
Some may be released quickly, while others may wait for a court appearance.
Bail or release: many misdemeanor offenses qualify for release without bail, while felony charges may require bail or a court hearing.
(3) Potential Penalties
Fines ranging from $50 to several thousand dollars, depending on the charge.
Jail Time:
Misdemeanors: up to one year (often less).
Felonies: years in prison, though usually only for violent offenses.
Probation or community service often given instead of jail.
Permanent criminal record:
o Some misdemeanor charges can stay on record for life, affecting jobs, housing, and travel. Expungement may be possible for minor offenses.
Defense Strategies
· If arrested, possible defenses include:
· First Amendment Protection
o Peaceful protest is a constitutional right (though not absolute—it can be limited for safety concerns).
· Unlawful Arrest
o If law enforcement failed to issue clear dispersal orders or acted outside legal boundaries.
· Lack of Evidence
o If there is no proof that the arrested person committed the act (e.g., resisting arrest).
· Selective Enforcement
o If arrests target certain people unfairly, this can be challenged in court.
Should You Get a Lawyer?
For misdemeanors, a public defender may be enough. For felonies, or if concerned about a permanent record, hiring a defense lawyer is recommended.
Some legal aid organizations provide pro bono defense for protesters. For more information, check (in the USA) with organizations like American Civil Liberties Union (ACLU) .