How to avoid arrest during a Protest
These are general guidelines, and may not guarantee that the protester will be free from arrest. If the Police Department are planning to ‘kettle’ several hundred, followed by an arrest frenzy, that would be a good example of an exception. Combative behavior is usually, from the perspective of the Police Department, interpreted as threatening. Yes, I know this sounds too simple minded, but the Police Department have a narrow window between combative and compliant. The further to the compliant side you can remain, the greater your odds of protesting without arrest.
We must not let the police hold us down any longer. We must no longer conform to unjust laws. We must exercise our constitutional rights. They can not jail all of us. We are the 99%
Protest Behavior Usually Leading to Arrest:
- The protester, when asked to keep walking, fails to turn face and body in direction of the officer’s request. The second time the officer attempts to make this request, the protester is clearly seen standing his/her ground. The officer is then seen going into an arrest frenzy.
- The protester is yelling within 2-3 feet of the officer’s ear, and at the officer. This close proximity yelling would be threatening to any person, officer or protester.
- The officer physically pushes the protester with the force that should knock you down, and the protester stands their ground. Yes this is assault, but the officer’s actions will never be given the credit they deserve in court. The protester who is indignant enough to stand their ground and not continue walking in the direction of being shoved, they will be arrested.
- The photographer, when asked to keep walking or is pushed away from a SPECIFIC spot STANDS THEIR GROUND!
- There has been at least one arrest made, as if in retaliation for one person whispering into the ear of an adjacent protester. The Police Department are touchy.
Non Threatening Body Language – No arrest is made.
- The protester, when asked to keep walking, exhibits compliance by physically turning head & body in direction of officer’s request.
- The photographer, when asked to keep walking, or pushed away from a SPECIFIC spot, swiftly creates a large distance between self and that officer.
- SIT if you are practicing civil disobedience and don’t argue.
- Keep your hands in plain sight at all times and, if confronted, make no sudden moves other than those the officer has requested and will expect. Remember, the officer may not be able to tell you are not a physical threat to him in a chaotic situation.
More basic things to avoid when carrying out a protest:
DON’T BE VIOLENT OR OVERLY AGGRESSIVE. Unless the riot police roll in, in which I recommend getting the hell out of there, any hint of violence done by protesters is an excuse for the police to shut the protest down and arrest everyone. This includes something as inoffensive as shoving someone or throwing a cigarette at someone’s shoes. Be peaceful, be firm, and don’t try and start a fight. If you provoke a cop enough to start a fight, it doesn’t matter if he hits you first; you’re still going to jail for assaulting an officer.
Don’t have any drugs on your person or in your body. Obviously caffeine and cigarettes are not that big of a deal, but if you are arrested drugs will be a major impediment to being released or not being charged. This falls under the “don’t make this easy for the cops” category; if you’re drunk or high or carrying drugs, you can be labeled disorderly or under the influence or many other things to excuse hauling your ass off to jail. Go sober; you may need your wits with you.
Don’t break any laws which the protest hasn’t planned on breaking. This includes very insignificant things like jaywalking, crossing against a light, littering, trespassing, or anything at all that could be interpreted as breaking a law. Some protests are based on breaking the law in some manner, this is called Civil Disobedience. This type of protest can be very effective, but you should limit the number of laws you are breaking before hand. This will reduce the sentence you and the other protesters receive if arrested, and prevent the appearance of anarchy.
Remember, once someone in a protest breaks the law, the police will try and end the protest there and then.
Humble advice: smile at cops, film them, but avoid talking to them — it is best to stay as anonymous as possible. Many modern police departments compile dossiers of information on people they identify, using practices created to monitor and control young minority gang members, but likely to be used against protesters as well.
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Things To Think About Before An Interview
Find a personal narrative that relates to the Occupy Movement. Why are you here? (Home Foreclosure, unemployment, eviction, debt, tuition, student loans, all of the above, etc)
How do you connect your personal narrative to the Occupy movement? We are many. (How are you affected by corporatized policies: environmental, economic, social, gender, sexual, racial)
How is the Occupy movement affecting your life? (political consciousness, empowerment, hope, killing apathy, sense of unity across the movement)
Avoid association with any political party or candidate.
When asked what are your “demands” respond that we are working towards… (giving a voice to the 99%, overturning Citizens United, reinstating Glass-Steagall, end fractional reserve banking, environmental justice, socioeconomic equality… Talk only about what you know about!)
Remain positive and on focus
When On Camera:
Please don’t fidget
Use open body language
Talk to the reporter, not the camera
Enunciate
Smile
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KNOW YOUR RIGHTS!
Keeping yourself safe and resisting the police state comes down to these simple principles:
- Non-cooperation: If you talk with the police, you could unintentionally hurt yourself, your friends, or others.
- Do not consent to searches: Never give law enforcement the okay to examine your pockets, car, backpack, or home.
- Remain silent: Say nothing except “I’m going to remain silent and I would like to see a lawyer.”
- Talk to a lawyer: Never take advice from the police, they may try to trick and mislead you.
- Use trust and intuition: Work only with people you have a history of trust. Without being paranoid, trust your intuition.
Rights During a Police Encounter
In a police encounter these rules will help protect your civil rights and improve your chances of driving or walking away safely. From here on out, we are talking about your legal “rights” guaranteed by law even though in our view, what you can do and what you can do legally are two different things. All of these rights also apply to minors and non-citizens.
Keep Private Items Out of View: This is common sense: Always keep any private items that you don’t want others to see out of sight. Legally speaking, police do not need a search warrant in order to confiscate any illegal items that are in plain view.
Stay Cool & Politely Assertive: Police are well armed and often unpredictable, so remaining cool and calm will keep you safe. Treat them with the respect you would treat a dangerous, wild animal. Be polite and yet assertive to ensure that your rights aren’t trampled on. Some officers may come on heavy if you are not absolutely submissive, but standing up for your rights will keep you safe in the long run, in court when it really matters.
Determine If You Can Leave: You don’t have to talk to the police.
As soon as an officer approaches you, ask the officer, “Am I free to go?” If you get an answer other than a definitive “No,” gather your stuff and leave without another word.
You have the right to end an encounter with a police officer unless you are being detained or arrested. Don’t waste time trying to determine your status. Test if you are free to go, and then go. If you aren’t free to go, the officer will make it perfectly clear.
Use the Magic Words: If you are detained or arrested, use the magic
words: “I’m going to remain silent. I would like to see a lawyer.”
Do not talk to police. Wait to talk to a lawyer representing you.
Even casual small talk can come back to haunt you. Anything you say can, and will, be used against you. Cops have numerous tricks to get you to talk. “They can and do use fear, isolation, lies, advice, playing you against others, and even kindness to get you to cooperate. Don’t be fooled. If you do for some reason say something, you should repeat the magic words and resume silence. Keep in mind the credo: If no one talks, everyone walks. Regardless of what you are told by an investigating o%cer, you have nothing to gain by talking to the police… and everything to lose.
Refuse to Consent to Searches: Officers seeking evidence will often try to get you to allow them to search your belongings, your car, or your home. Refuse to consent to a search with the phrase:
“I do not consent to a search.”
Usually, a search request will come in the form of an ambiguous statement, such as, “I’m going to ask you to empty your pockets.” Answer such requests unambiguously. Repeat as many times as necessary. You are under no obligation to allow a search. The only reason an officer asks your permission is because he doesn’t have enough evidence to search without your consent. Police officers are not required to inform you of your rights before asking you to consent to a search. If the officer searches you in spite of your objection, do not resist. Your attorney can argue that any evidence found during the search was discovered through an illegal search and should be thrown out of court.
Do Not Try to Bargain: Police officers will often tell you that your cooperation will make things easier for you, and many people hope to be let off easy if they are honest and direct with the police. The only thing it makes easier is the officer’s job. Do not let the threat of arrest scare you into admitting guilt. Better to spend a night in jail than years in prison. Ask to speak with a lawyer, and remain silent.
Where to Go For More Help: If you feel your rights are being violated, hold tight until you can talk to a lawyer. If you don’t have your own lawyer the court will appoint the public defender to defend you.
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For more information about your rights, law education, and what to do if your rights were violated, check out: National Lawyers Guild http://www.nlg.org/