LEGAL SUPPORT
The National Lawyers Guild
212-679-6018 www.nlgnyc.org
(NLG) is providing legal observers at all demonstrations and legal support to all those arrested who need it.
The New York Civil Liberties Union
212-344-3005 www.nyclu.org
(NYCLU) is providing support for people requesting permits and will have observers at most demonstrations to monitor police practices.
BASIC LEGAL ADVICE FOR PROTESTERS IN NEW YORK CITY
- The following is only a guide, not actual legal advice. For all legal questions you need to contact a lawyer.
- Regardless of what your rights may be in principle, the police may choose to arrest people at any time, so use caution.
YOU CAN LEGALLY
- Distribute handbills on a public sidewalk or at the entrance to a public park
- Have a table in a park that holds only printed material
- Hold a demonstration, rally, or press conference on a public sidewalk
- March on a public sidewalk
YOU CANNOT LEGALLY
- Block pedestrians/business entrances anywhere
- Carry anything deemed a weapon
YOU CANNOT WITHOUT A PERMIT
- March in the street
- Stage a march or rally of over 20 people in a public park
- Use a bullhorn, megaphone, or other source of amplified sound
SIGNS & PROPS
Wood or PVC sticks for signs are illegal. Use cardboard tubes instead. Avoid using sharp or hard objects for props because they could conceivably cause injury and the police are more likely to confiscate them.
THE MASK LAW
In January 2004 the once-defunct mask law was reinstated. The law criminalizes anyone wearing a mask with other persons "similarly disguised." Specifically, three or more people cannot wear masks within an undefined proximity of one another in a public place.
WHAT YOU CAN DO TO PREPARE FOR POSSIBLE ARREST
- Write down the NLG Legal Number 212-679-6018 on your wrist or ankle in indelible ink
- Carry quarters, phone card, a snack
- Carry only one photo ID with a good address
- Do not carry anything you do not want the police to have (like your phone book)
WHAT TO EXPECT AT PROTESTS
At permitted marches expect the police to set up protest pens. The NYPD uses batons, pepper spray, horses and their massive numbers for crowd control. Law enforcement officers may be uniformed or plain clothes. They may be from local police departments, state police, or from federal agencies. Your rights with all officers are the same regardless.
Remain calm and use good judgment. Do not take what cops say at face value. It is legal for the police to lie to get you to talk and they have been known to instigate protesters. If you observe misconduct, take good notes including officer's badge number and name, time, location, and names of any witnesses. Do not complain on the scene, or announce that you're going to file a complaint, or make any statements regarding the incident. Consider factors such as de-escalation and the protection of yourself, evidence, and other bystanders. In the end it might be better to walk away and fight another day.
IF APPROACHED BY A POLICE OFFICER
The police cannot search your person, possessions, vehicle, or residence without a legal reason. If police have reasonable suspicion to believe you might have a weapon they may pat you down but may not search inside your pockets. Do not physically resist, but say loud and clear that you do not consent to any search. If the police say they have a search warrant, ask to see it.
Do ask "Am I free to go?" If they say yes, walk away. Don't run (running at this point may give them a reason to pursue you). If you are not free to go, say "I am going to remain silent, I would like to speak to a lawyer."
IF DETAINED OR ARRESTED
- Ask to speak with a lawyer
- Remain silent, other than providing your name
and address.
- Remember arresting officers' badge & patrol
car numbers.
- If you are permitted to make a phone call anything you say at the precinct may be recorded or listened to so be careful.
- As soon as you are released, write down everything you remember.
WHAT YOU CAN DO IF SOMEONE ELSE IS ARRESTED
- Record the badge number and name of the arresting officer.
- Call the person's friend or lawyer, legal aid or the action's organizers.
- Call the precinct to which she or he was taken (see front side for phone numbers).
- Find out if she or he has actually been arrested,is at the precinct, and will be released or taken to Central Booking.
- If she or he is at Central Booking, call 212-374-3916, 212-374-3921, 212-374-3942 and ask about the charge, arrest number, and arresting officer. Once you get the arrest number you can call the arraignment clerk (room 131) to get the docket number, and ask for the approximate time of arraignment.
- If possible, go to the precinct in person to confirm that the person is there and possibly to communicate with them or arrange bail (see front for bail options).
HELPFUL TIPS: WHAT TO BRING
- Lots of water in a plastic bottle to drink
- Energy snacks
- A small first-aid kit with bandages
- Enough money for pay phone, food, transportation
- Disposable camera for accurate documentation of events, police brutality, injuries (for more tips go to www.ruckus.org)
- Backup eyeglasses and/or contact lens solution/case
- Several days of prescription medication and doctor's note in case of arrest
- Portable radio with spare batteries
- A rain poncho and sunblock
DO NOT
- Wear things that can easily be grabbed (long earrings or other jewelry, ties, loose hair).
- Go to demonstrations alone. It is best to go with an affinity group or some friends with whom you've exchanged emergency phone numbers and other information.
- Drink alcohol, take or carry drugs (unless you really like the smell of jails).