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What To Do If You’re Stopped By The Police: RNC Edition
People have the right to engage in peaceful, protest activity on public sidewalks, in public parks, and on public streets in New York City. However, the City imposes certain restrictions on these activities. And the NYPD has rules and procedures regarding these activities. We all recognize the need for effective law enforcement, but we should also understand our own rights and responsibilities-- especially in our interactions with the police. This card tells you basic rules governing demonstration activity at the Republican National Convention, and what do to do if you are stopped, arrested, or injured by the police.
IF YOU’RE STOPPED BY THE POLICE
- Stay calm and in control of your words, body language and emotions.
- Don't get into an argument with the police.
- Never bad-mouth a police officer.
- Remember, anything you say or do can be used against you.
- Keep your hands where the police can see them.
- Don't run. Don't touch any police officer.
- Don't resist, even if you believe you are innocent.
- Don't complain at the scene or tell the police they're wrong or that you're going to file a complaint.
- Do not make any statements regarding the incident.
- Ask for a lawyer immediately if you are arrested.
- Remember officers' badge and patrol car numbers.
- Write down everything you remember ASAP.
- Try to find witnesses and their names and phone numbers.
- If you are injured, take photos of the injuries as soon as possible, but make sure you get medical attention first.
IF YOU’RE STOPPED FOR QUESTIONING
- 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.
- You can ask if you are under arrest or free to leave. If you are arrested, you have a right to know why.
- Police can’t lawfully require that you identify yourself or produce identification if they don’t reasonably suspect you are involved in a crime. But use your judgment — refusal could lead to your arrest even if it’s unjustified.
- Blanket searches of bags at demonstrations are generally impermissible. Nonetheless, during the Convention the police may seek to do blanket searches in response to a potential threat to public safety. If you are stopped and do not wish to have your bag searched when entering a demonstration, you should be allowed to leave the area.
- If police reasonably suspect you pose a danger to them or others, they may conduct a frisk and “pat down" your outer clothing. Don't physically resist, but make it clear that you don't consent to any further search.
- Don't bad-mouth a police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.
IF YOU’RE ARRESTED OR TAKEN TO A POLICE STATION
- You have the right to remain silent and to talk to a lawyer before you talk to the police. You shouldn’t tell the police anything except your name and address and you shouldn’t give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best.
- If you have a lawyer, ask to see your lawyer immediately. If you can't afford a lawyer, you have the right to a free one once your case goes to court. You can ask the police how a lawyer can be contacted. Don't say anything without a lawyer.
- Within a reasonable time after your arrest, or booking, you should ask the police to contact a family member or friend. If you are permitted to make a phone call, anything you say at the precinct may be recorded or listened to. Be very careful. Never talk about the facts of your case over the telephone.
- Do not make any decisions in your case until you have talked with a lawyer.
BASIC RULES GOVERNING DEMONSTRATION ACTIVITY
You have the right to distribute handbills or leaflets on a public sidewalk or in a public park; hold a demonstration, rally or press conference on a public sidewalk; or march on a public sidewalk, as long as you do not use amplified sound. You cannot block building entrances or block more than half the sidewalk.
You must have a permit if you want to use amplified sound on public property, hold an event with 20 or more people in a New York City park, or conduct a march in a public street.
You can bring signs to a demonstration, but do not attach them to wooden sticks. Affix the signs to cardboard tubing or hold them. You cannot affix signs to public property, such as light posts or police barriers.
It is unlawful for three or more people to wear masks, disguises, or bandanas in a public place. The law provides an exception for certain entertainment activities with permission from the police or appropriate authorities.
You have the right to photograph or videotape demonstration activity, as long as you don’t interfere with lawful police activity.
IMPORTANT CONTACT INFORMATION
If you have complaints about NYPD actions at the Republican National Convention, report them to the New York Civil Liberties Union by visiting our storefront office or filling out an online form.
New York Civil Liberties Union
RNC Storefront Office: 520 8th Ave. at 36th
rncprotestrights.org (click “RNC Complaint")
nyclu.org
If you have been arrested at an RNC-related protest and need a lawyer, call the National Lawyers Guild. The Guild also has immigration lawyers to assist you if you are arrested and are not a U.S. citizen.
National Lawyers Guild Arrest Hotline
212.679.6018
You can file a police misconduct complaint by contacting the Civilian Complaint Review Board online or by phone.
Civilian Complaint Review Board
212.442.8833
nyc.gov/html/ccrb
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