What to Do If You’re Arrested at a Protest

Know your rights, protect yourself, and be ready — before, during, and after an arrest at a protest.

Mar 25, 2025

Let’s be real: even peaceful protesters can be targeted and arrested.

Knowing your rights and staying calm in those moments can make a huge difference — for your safety, your case, and your community.

⚠️ Important note: I’m not an attorney, and this is not legal advice. Laws vary depending on where you live. Please consult with a licensed attorney or a trusted legal aid group to make sure you’re fully informed.

This is the fifth post in the Protester’s Playbook series — a growing library of tools to help you show up informed, prepared, and powerful:

👉 How to Dress for a Protest: Stay Safe, Stay Anonymous, Stay Comfortable
👉 Protest Safety Guide: How to Protect Yourself in the Streets
👉 How to Document a Protest Without Compromising Safety
👉 Emergency First Aid for Protesters

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Step-by-Step: Know Your Legal Rights

If you're confronted or detained by police at a protest, here's what to remember:

1. Stay calm and don’t run.

Running can escalate the situation, even if you haven’t done anything wrong.

2. You have the right to remain silent.

Say: "I am exercising my right to remain silent. I want to speak to a lawyer."

You do not have to answer questions about where you're going, what you’re doing, your immigration status, or why you're protesting.

3. You do not have to consent to a search.

Say: "I do not consent to a search."

Even if they search you anyway, this may help your case later. Don’t physically resist.

4. You have the right to an attorney.

If arrested, repeat that you want a lawyer and do not say anything else until you have one.

What Not to Say to Police

Don’t lie. Lying can be used against you.
Don’t argue or escalate — even if your rights are being violated.
Don’t sign anything without a lawyer present.
Don’t try to talk your way out of it — you may accidentally incriminate yourself.
Don’t give more information than legally required (name, address in some cases).

Prepare Ahead of Time: Just In Case

Planning ahead can help protect you and your loved ones if you're arrested.

Before the protest:

Write a legal aid number on your arm in permanent marker.
Memorize key phone numbers (family, lawyer, jail support).
Leave unnecessary items at home — especially anything incriminating or private.
Carry ID if you’re required to in your state, but know you’re not obligated to hand over your phone passcode.
Tell someone where you're going and when you plan to return.

Pro tip: Use a secure messaging app like Signal to coordinate with trusted friends or affinity groups. Have a plan if someone gets arrested.

If You’re Taken Into Custody

Stay silent. Keep requesting a lawyer.
Request your phone call. Use it to contact your legal aid or jail support, not to discuss the situation.
Don’t discuss your case with cellmates. Anything you say could be used later.
Document everything when you’re released — names, badge numbers, anything you remember.

A Final Word

Being arrested at a protest is scary, but knowledge is power. Preparing ahead of time gives you more control in the moment and helps protect your rights.

Remember, you’re not alone — and you’re part of a powerful movement of people standing up for change.

🔥 Share this guide with your friends and organizing circles.
The more we know our rights, the stronger and safer we are — together. ✊