Getting Arrested 101
In light of yesterdays ruling on the Miranda rights, now that the cops don't need to read you your rights, I figure it's as good a time as any to make a crash course post on what to do if you get arrested in the US. Know your rights and how to invoke them, because cops will try and trick you into reneging on them whenever they can. Here's my bible on engaging with police, and feel free to add on if you have other tips.
- If you encounter police at all, especially if it's for a protest, engage as little as possible. Protests will sometimes have police liaisons; if they do, deflect the cops onto them. They have training for this. Otherwise, say nothing to them if they don't engage first.
- If they engage first, do not escalate. Cops are trained to try and escalate situations. It wins them PR, and it makes it easier for them to justify violence against you and in turn, the other protestors. I don't care how punk you think it is, do not escalate.
- When they engage, if you think you're being arrested, ask them in no uncertain terms and demand a clear answer. Say "am I being arrested," and if they evade, repeat it until the answer is no or yes. If it's no, walk away and don't engage further. If it's yes, then:
- Shut the fuck up. Say absolutely nothing from this point forward until you reach the station. No matter what they say, no matter how serious or casual the conversation is, you say nothing. Zip. No exceptions. This is especially important to remember because they will try and humiliate you and make the arrest process as difficult as possible to try and make you crack, so do the simplest thing and say nothing.
If you are arrested, once you make it to the station, there's a simple three step process to remember. Exact wording isn't necessary, but try and be close. Remember, you don't want to be Lawyer Dogged. Once again, be as clear as you possibly can.
- "Am I being detained?" If no, leave. If yes, then say:
- "I invoke my right to have a lawyer present." Any time they try and push on that, you say:
- "As I am detained, I invoke my right to remain silent until my lawyer is present."
You want it to be 100% undeniable, in as much of the record as possible, that you were being detained, and therefor you need a lawyer. Otherwise, the cops will retroactively decide you weren't actually held there, and therefor you had no rights to invoke, so get that shit down. And once again, aside from saying #3, shut the fuck up. Same principle applies as #4 on the first list: they will do whatever they can to get you talking, and once they do, they'll say "oh, they decided to not use the lawyer after all because they started talking without one." So do. Not. Budge.
Lastly, some general pieces of advice, both for before and during the arrest process:
- If you're going to a protest, the sort of thing where arrests can be planned for, there will likely be an organizer with some experience. They may be able to give you specific advice for that protest with regards to things like ID, liaisons, or any specific protocol. Check with them as well.
- If you're in a situation where arrests are likely or expected, especially with a protest, plan accordingly. Power off your phone and deactivate the fingerprint or facial recognition unlock options, or leave it at home entirely. Don't bring anything you wouldn't want to be arrested with. Think carefully about leaving your ID at home, though. John Doe-ing can cause extra trouble for the cops (good), but it's also risky, since it can make it harder for you to pay for bail and can make things harder for you down the line.
- Police always lie. Let me repeat. Police. Always. Lie. Again, Police. Always. Lie. This should be your fucking mantra. They will tell you you'll get out easier if you cooperate. They will tell you any information they can find about your friends and family. They will threaten you and them. This is all hollow. Your friends have rights as well. All of this is posturing to get you to talk and incriminate you and your friends. Police always lie.
Every American should know this, but it's especially important for any activist, or advocate. Knowing your rights is the only defense you have against cops, so you need to game that system to keep them from gaming it back.
