To everyone who is going out to the protests across the United States, especially in Portland, please remember:
1. Never talk to the cops. It doesn’t matter if you want to explain your side of the story, tell them off, or try to convince them to let you go. Say nothing. It’s almost impossible to talk yourself out of criminal charges. It’s very easy to talk yourself into them. Say. Nothing.
2. If you are arrested, clearly say the words “I am invoking my right to silence, and I am invoking my right to a lawyer. I will not speak to you without a lawyer present.”. Ambiguous statements like “I think I need a lawyer” or “gimme a lawyer” have historically not held up in court. State very clearly that you are invoking your right to an attorney and will not answer questions without one. This is the only thing you will say, over and over again.
3. Seriously, don’t talk to the cops. Saying that you are invoking your right to remain silent does not mean the cops have to stop questioning you. If you say that you are remaining silent, it’s up to you to actually remain silent. They will try very hard to get you to talk even after you’ve stated that you will be silent, and if they succeed, your words will be held against you.
4. Do not lie to the cops. Lying to authorities is a felony. Best way to avoid lying? Say absolutely nothing.
5. Take the biometric locks off your phone. If your phone can be unlocked with your face or fingerprint, police can force you to unlock your phone for them. If it opens only with a passcode or password, they cannot compel you to unlock the phone without a warrant.
6. Livestream interactions with the cops, don’t just film with the camera app. Make sure all interactions with the cops are filmed, and make sure that the footage is being sent somewhere where it cannot be deleted or destroyed by police.
7. Make sure that someone knows you are out protesting, and that this person knows your full legal name, date of birth, and what time to expect you home. If you are arrested, your loved ones will need this information to find you in the system. Don’t assume that your friends know your DOB and full legal name - send a picture of your ID to a trusted person who will not be protesting and let them know to start looking for you if you don’t check in a set time. Some protesters have also begun shouting this information as they are being arrested so other protesters can record it.
8. Get the information for a pro-bono lawyer in your area and write it on your body. Several lawyers and firms have offered to defend anyone arrested at the protests for free. Write down the information of a free legal service on your body with permanent marker before you go to protest, ideally in a location like your shin or forearm where you won’t sweat it off - keeping the number in your phone is not helpful if your phone is confiscated, dead or damaged.
9. Stay as safe as you can. Bring water and snacks, wear sunscreen, bring bus fare, wear your mask and take rests in the shade if it gets hot out. Bring a portable charger or backup battery if you have one, and make sure your phone is charged so you can film interactions with the police. Look out for your fellow protesters, and let other protesters know right away if you are injured or in need of assistance. Do whatever you can to make it back home safe. Black Lives Matter.
