Original publication: September 2004.
HOW TO NOT GET ARRESTED
NYCLU.ORG
Everyone has the right to engage in peaceful protest activity on public sidewalks, in public parks and on public streets in New York City. This includes the right to distribute handbills or leaflets; the right to hold press conferences, demonstrations and rallies; and the right to march on public sidewalks and in public streets. The city can and does impose certain restrictions on these rights, and one must obtain a permit before engaging in certain activities. Since June of 2003, the New York Civil Liberties Union has been in ongoing negotiations with the New York Police Department regarding demonstrations during the RNC. At press time for this issue, the NYPD has yet to issue a single permit for a demonstration during the Republican convention, even though some applications have been pending for over a year (check nyclu.org for the latest info). The NYCLU continues to actively pursue negotiations with the NYPD and Parks Department to secure the rights of all demonstrators and to get police prepared for the large number of citizens expected to exercise their constitutional rights during the convention.
You may have heard that the NYPD is planning 1,000 arrests per day during the RNC, a figure based on Manhattan District Attorney Robert Morgenthau’s estimate for the City Council. Unfortunately, there’s no ironclad guarantee that protesting within the confines of the law will keep you out of handcuffs, but the NYCLU can suggest some timeless tips for staying safe and legal at the RNC.
IF YOU’RE ENGAGED BY THE POLICE:
- Be polite and respectful. Stay calm and in control of your words, body language and emotions. Remember, anything you say or do can be used against you.
- Keep your hands where the police can see them. Don’t resist in any way, even if you believe you are innocent. Don’t complain on the scene or tell the police they’re wrong or that you’re going to file a complaint.
- It’s not a crime to refuse to answer questions, and you can’t be arrested merely for refusing to identify yourself on the street. Police may stop and detain you only if they have a reasonable suspicion that you have committed, are committing or are about to commit a crime.
- Remember officers’ badge and patrol-car numbers. Write down everything you remember ASAP.
- If police have a reasonable suspicion that you’re carrying a weapon, they may perform a frisk and pat down your clothing. Don’t physically resist, but make it clear that you don’t consent to any further search. If you are verbally or physically abused by a police officer, you can file a complaint with the NYC Civilian Complaint Review Board, (212) 639-9675.
- Ask if you are under arrest. If you are, you have a right to know why. If not, you are free to go.
