Arrested at a Protest? Here’s What to Expect and How to Protect Your Rights
Protests are opportunities for you to exercise your First Amendment rights to free speech and to peaceably assemble. While the combination of these freedoms enables vibrant protests, these rights are not absolute. Anyone attending a protest should be aware of not only their First Amendment rights but also what may happen if they find themselves facing the possibility of arrest.
The best way to avoid the consequences of an arrest is to avoid the arrest in the first place. When deciding whether to attend a protest, look to see whether it is occurring in a place which would constitute a “public forum” such as a park or in front of a government building. Avoid circumstances where property may be damaged or the protest intrudes on private property.
What happens if you have an encounter with the police?
- Remain calm and peaceable. Do not argue, yell, or otherwise act aggressively.
- If a law enforcement officer asks you questions, you have the right to ask whether you are free to leave. If you are not under arrest or detained, you can go!
- A police officer may ask you to identify yourself. You should do so, but do not provide additional information. If the officer asks additional questions, state that you are exercising your right to remain silent.
- Do not give an officer a false name or identification. This can constitute a separate offense in Virginia.
What if you are arrested?
- You will be restrained. The arresting officer will probably command you to put your hands behind your back. Then, the officer will place handcuffs on you.
- After you are restrained, an officer will conduct a search incident to arrest to determine if you have weapons, contraband, or other evidence on your person.
- You will then be brought before a magistrate to determine if criminal charges should be issued and, if so, what bond or conditions of release should be set.
- Resisting arrest or otherwise obstructing a police officer are separate crimes. For example, interfering with an officer, failing to comply with lawful commands, or attempting to flee can constitute separate offenses. Tensions at protests can run high, and while it may not be a crime in and of itself to insult or antagonize police officers, it is not recommended because such conduct could be used as evidence to support other charges.
- Any information that you provide to an officer can be used against you in a prosecution; therefore, it is advisable to exercise your right to remain silent.
- Additionally, if you are arrested, you should also assert your right to an attorney in conjunction with your right to remain silent.
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