🚨 Arrested at a Protest
Critical steps to protect your rights after detention
⚠️ CRITICAL: DO NOT TALK TO POLICE
Anything you say CAN and WILL be used against you in court.
- ❌Do NOT answer questions (even your name if you choose)
- ❌Do NOT sign anything without a lawyer
- ❌Do NOT make phone calls discussing your case (they are recorded)
- ✓DO invoke your right to remain silent IMMEDIATELY
Say These Words - Tap to Copy
RIGHT TO REMAIN SILENT (5th Amendment):
REQUEST ATTORNEY (6th Amendment):
NO CONSENT TO SEARCH (4th Amendment):
Important: You MUST verbally invoke your rights. Simply remaining silent is NOT enough under Salinas v. Texas (2013).
Your Rights in Detention
5th Amendment - Right to Remain Silent
"No person... shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law."
You cannot be forced to answer questions about your arrest, protest activity, or immigration status.
6th Amendment - Right to Attorney
"In all criminal prosecutions, the accused shall enjoy... the Assistance of Counsel for his defence."
You have the right to a lawyer before and during questioning. Request one immediately and repeatedly.
Miranda Rights (Miranda v. Arizona, 1966)
If given Miranda warnings, police must stop questioning you once you invoke your right to remain silent or request an attorney.
⚠️ Phone Call Limitation
Right to a phone call is NOT guaranteed immediately for federal arrests. When you do get a call, use it to contact an attorney or National Lawyers Guild hotline, NOT to discuss your case details.
🛡️ What Police CANNOT Do
- ✗Cannot force you to talk - 5th Amendment protects your right to remain silent
- ✗Cannot search your phone without warrant - 4th Amendment requires warrant for digital searches
- ✗Cannot deny attorney access indefinitely - 6th Amendment guarantees counsel
- ✗Cannot use physical coercion - Confessions obtained by force are inadmissible
- ✗Cannot continue questioning after you invoke rights - Once you request a lawyer, interrogation must stop
Step-by-Step: First 24-48 Hours
- 1.IMMEDIATELY invoke right to remain silent: Say clearly: "I am exercising my right to remain silent."
- 2.Request attorney repeatedly: "I want to speak with a lawyer." Repeat this every time you are questioned.
- 3.Do NOT discuss case with cellmates: They may be informants. Anything you say can be used against you.
- 4.Use phone call wisely: Call attorney or National Lawyers Guild hotline. Do NOT discuss case details (calls are recorded).
- 5.Document injuries ASAP: If injured during arrest, request medical attention and document all injuries, use of force incidents.
- 6.Booking questions: You may be required to provide basic identification. Beyond that, invoke your 5th Amendment rights.
- 7.Request medical care if needed: You have the right to request medical attention for injuries or medical conditions.
🚨 If ICE Is Involved
ICE may try to interview you about your immigration status:
- You STILL have 5th Amendment rights - right to remain silent
- Do NOT answer questions about where you were born or your immigration status
- Do NOT sign voluntary departure forms without speaking to an immigration attorney first
- Say: I want to speak with an immigration attorney
⚠️ Immigration Detention Differences:
- No bail in many immigration detention cases (unlike criminal arrests)
- Government does NOT provide free attorney in immigration proceedings
- You must hire your own immigration lawyer or find pro bono legal aid
- ICE detention procedures governed by 8 CFR § 287.8
⚖️ Legal Foundations
5th Amendment - U.S. Constitution
"No person... shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law."
View full text →6th Amendment - Right to Counsel
"In all criminal prosecutions, the accused shall enjoy... the Assistance of Counsel for his defence."
View full text →Miranda v. Arizona, 384 U.S. 436 (1966)
Established that suspects must be informed of their rights (right to remain silent, right to attorney) before custodial interrogation. Police must stop questioning once you invoke these rights.
View case →Salinas v. Texas, 570 U.S. 178 (2013)
Supreme Court ruled that you MUST verbally invoke your right to remain silent. Simply staying silent is not enough—you must explicitly say "I am exercising my right to remain silent."
View case →8 CFR § 287.8 - ICE Detention Procedures
Federal regulation governing ICE detention and interrogation procedures. Defines authority and limitations of immigration enforcement officers.
View case →📞 Emergency Legal Resources
National Lawyers Guild Legal Hotline
Provides legal observers and support for protesters. Many local chapters have hotlines for arrestees.
Contact your local NLG chapter for region-specific hotline numbers.
ACLU Know Your Rights
Comprehensive resources on constitutional rights during protests and arrests.
Visit ACLU Know Your Rights →Immigration Legal Aid (If ICE Involved)
Free or low-cost immigration legal services. Government does NOT provide free attorneys in immigration cases.
Search for local immigration legal aid organizations or pro bono immigration attorneys.
⚠️ Critical Reminders
- •VERBALLY invoke your rights - Silence alone is not enough
- •Request attorney REPEATEDLY - Every time you are questioned
- •Do NOT resist physically - Even if arrest is unlawful, challenge it in court later
- •Phone calls are recorded - Do NOT discuss case details on jail phone
- •Cellmates may be informants - Do NOT discuss your case with anyone except your lawyer