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Arrested at a Protest: How to Plan for It
by Sue Basko
If you intend to get arrested at a protest, you should plan in advance. There are things you can do to make the process safer and easier for yourself. This blog post tells you simple steps to prepare.
It is usually very easy not to get arrested at a protest. If you don't want to get arrested, follow the instructions in the two posts linked below, and you will greatly lessen any chance of arrest.
- a) Enough cash to bail you out. The typical bond might be anywhere from nothing to a few hundred dollars on a simple municipal ordinance such as trespassing or illegal camping. If you already have a charge against you from a previous arrest, it can be significantly more. If you are accused of resisting arrest, obstructing justice, or damaging property, the bond can be much more.
- b) all medicines you need.
- c) Phone numbers for your lawyer, legal services, your family, your job (to call in your absence).
2) Give the phone number of your trusted friend above to others who are with you, but who do not plan to get arrested. Instruct them that when you are arrested, they should call your trusted friend. 3) Memorize the phone number you will call when arrested. Some people write this number on their skin. It can be the number of a lawyer who has agreed to help you. If you call a lawyer, the police cannot listen in to your call. Or you can call the friend who has agreed in advance to contact the lawyer and to come with money to get you out. Work this out in advance. If you call the friend, explain beforehand that you are to discuss nothing extra, since the call will be monitored. 4) Prepare what you wear and what you have with you. Wear comfortable clothes that you can take on and off easily. You will likely be strip-searched and you should prepare for that. Have your hair in an easy-to-manage hairdo with no metal clips. Do not wear any jewelry at all, other than possibly a cheap plastic watch that you do not mind losing. Do not wear any rings, earrings, navel ring, or any studs or any other body jewelry. Remove any eye makeup since it will smear and you won't be able to fix it. Moisturize your face and skin, since you won't have access to anything for a few hours to a few days. Moisturize your wrists very well, since you will be hand-cuffed or zip-tied and these can chafe and rub your skin raw. 5) If you need glasses, wear them. Don't wear contact lenses, because you won't be allowed to have the solution or containers you need for them. You don't want to risk corneal injury by keeping contacts in your eyes for too long. Also, you do not want to wear contacts if there might be mace, tear gas, or pepper spray. When in custody, your glasses may also be taken from you. Say you need them to see. They may or may not be given to you. 6) You will be searched. Keep absolutely everything you have with you inside of one zip-lock bag in your pocket. Do not have anything else with you. Everything will be taken from you. Do not have any weapons, drugs, or odd items with you. Do not have anything spread out in other pockets, such as candy or keys. Carry enough cash to get you home once you are released. Carry only the exact keys you need with you. Remove the others from the ring and leave those with the trusted friend. 7) Your phone might be searched. In advance, remove ALL photos from your phone. Lock all data on your phone. You can read how to do this on the internet. Delete all call logs and messages. Delete most contacts. BETTER YET - Buy a cheap prepaid phone that you carry with you just to use when you plan to get arrested. Leave your "real" phone with your trusted friend. 8) When you get arrested, they take everything from you. If you need medicine or a painkiller, carry just enough with you for the next dose you will need. Just before you are arrested, pop your dose so you have the medicine in you and will not need more till your next dose. It is very hard to get needed medicine while in a jail. If you have taken what you need immediately, this gives you time to work out getting your medicine for your next dose. Even if you need medicine for a serious condition, it is almost impossible to get it while in custody. You should say you need it, but chances of you getting it are slim. They might tell you the only way to get it is to go to an emergency room. You might be shackled and handcuffed to be transported there. 9) It's a good idea if your group arranges in advance to have someone videotape the protest, including arrests. They should do so from a distance, preferably from a position above the crowd and not in anyone's way. 10) Do not resist arrest, or you can be charged with resisting arrest. Resisting arrest includes laying down, dragging along, screaming, etc. Resisting arrest or obstructing justice or assaulting an officer can be very serious charges. If you plan to get arrested because you want to make your political point, don't add any of these extra things to it. 11) You have to give your name when asked. Do not lie. 12) You have the right to remain silent and you should state immediately that you are taking that right. And then - remain silent. Do not answer questions. This is the most important thing. Anything you say can and will be used against you. Do not talk. Do not explain. Do not make excuses. Do not ask questions. Do not offer information. Just keep quiet. 13) Say that you want a lawyer. Say this immediately and repeat it as needed. 14) If any sort of agent tries to talk to you, refuse to answer. Speak with a lawyer. 15) Call the pre-arranged phone number you have with you - it is either for a lawyer or a legal service that has agreed in advance to help you, or it is for your trusted friend who will call the lawyer. 16) On the typical protest arrest, you can expect to be in custody for an amount of time from several hours to up to 2 days. You are more likely to get out sooner if you have your plan in place to call a lawyer, have a friend ready to come with money, and do not cause any extra trouble by resisting arrest or having any questionable items with you. 17) Have fun! Remember you are getting arrested because you want to be, and you have planned well in advance. Enjoy the experience for what it is. Enjoy experiencing the new and different sights and sounds and smells of the police car or bus and the jail cell or holding place. Try to remember details so you can write a journal or blog about it later.

Thanks Kylene - Direct Link to Article
Submitted by Sue Basko on
Dear Kylene,
Thanks for posting the article. There is a direct link to it so people can read it with better spacing: http://occupypeace.blogspot.com/2011/10/arrested-at-protest-how-to-plan-for-it.html
Sue Basko, Lawyer
OCCUPY PEACE - Legal Info on How to Hold a Peaceful Protest or Occupation
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