āHi. Iām a real lawyer and hereās some free advice if youāre going to any of the various protests, marches, etc. this week.
- Do not engage in illegal activity, even if it is harmless or unrelated to the event. Donāt smoke pot, donāt obstruct traffic, donāt kick a sign post. DO NOT GIVE THE POLICE A REASON TO ARREST YOU. Comply with all lawful orders made by police. If you do any of this, be prepared to be arrested. Civil disobedience, while admirable, sometimes requires sacrifice; you will be charged even if your cause is righteous.
- It will be cold. Dress in layers. Wear comfortable clothing that you wonāt mind wearing for a very long time. Wear shoes that donāt have laces, if possible. Wear clothing that does not require a belt. If you are arrested, your laces and belts will likely be confiscated.
- Google the phone number for the National Lawyers Guild and write it in Sharpie on one or both of your forearms. If you are arrested, you will want to call them.
- Disable the fingerprint ID on your phone and enable the passcode function. Police can force you to place your fingerprint on your phone but they cannot force you to enter in the passcode. Refuse all requests/demands to open your phone unless you are presented with a warrant.
- Bring a valid government issued photo ID that has your name., address, and date of birth on it. This will make things go more smoothly for you
- You are not required to answer any questions from police unless you are being detained. If an officer asks you a question, ask him/her if you are being detained. If you are being detained you have the right to know why youāre being detained. If he/she says no, walk away.
- Police are not required to read you your Miranda rights when you are arrested. This is a persistent myth. Police must inform you of your Miranda rights if they are interrogating you. Interrogation does not include asking you your name, address, date of birth, etc. You must answer these questions. Anything after answering basic identification questions, you have the right to have an attorney present.
- Police will not just give you an attorney. You have to ask for one. In some states, asking the first time requires the police to stop interrogation. In other states, you may have to ask more than once. They may try to goad you into answering questions after you ask for an attorney. Once you request an attorney, do not answer any more questions no matter what. Do not answer any questions past basic ID questions until you have an attorney present.
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