Know Your Rights in the Streets
This document does not constitute legal advice and is for informational purposes only. If you have specific legal concerns, seek the advice of a licensed attorney. See contacts below to connect with local counsel.
You have a right to demonstrate.
The First Amendment explicitly protects free speech, particularly political speech — but protesting rarely involves just speech. Actions like marches, sit-ins, rallies, etc. can be restricted by local governments and law enforcement.
Our First Amendment protections are strongest when we’re in a “traditional public forum” – places like sidewalks or public parks.
Our First Amendment protections are weakest when:
we aren’t on property open to the public (someone else’s private property like a Congressperson’s home, restricted government property like the White House complex);
when the actions we take to amplify our speech are regulated by law (like blocking a road); or
when law enforcement declares an otherwise permitted gathering unlawful by announcing a dispersal order.
Know what Law Enforcement Agency you’re Dealing with.
Protesting in Washington, DC is unique because the District has over 30 local and federal law enforcement agencies that have jurisdiction over a variety of spaces. Who you interact with, mostly depends on where you are demonstrating (e.g., if you’re on federal or local property).
Federal: All green space downtown (even small parks), the National Mall, federal buildings/monuments (and nearby sidewalks), and Rock Creek Park are federal land, policed mainly by: Park Police, Federal Protective Service, Secret Service, and US Capitol Police.
Local: Metro stations and D.C. streets and sidewalks are under local jurisdiction, policed mainly by the Metropolitan Police Department (MPD) and Metro Police.
Know Before You Go - preparing to protest.
Even if you are attending a permitted event, if you are at a demonstration with a law enforcement presence, there is always risk of arrest. Be prepared—bring a valid government ID, make child/family/house/pet care-taking arrangements, and alert a designated emergency contact. If you are a person with a disability, special medical needs, or limited English, you can carry a card explaining your situation.
DO
Dress for comfort and protection.
Bring protective gear (like masks, hand sanitizer, goggles, gloves).
Bring medicine you might need in the next 24 hours in its original bottle with info matching your ID.
DON’T
Wear clothes that reveal identifying info (logos, tattoos, etc.)
Wear or carry irreplaceable items, including jewelry.
Bring drugs or illegal substances.
Bring weapons or anything resembling a weapon.
Know your personal risk factors.
Immigration status. People who are not U.S. citizens risk being held longer. It is important to talk to an immigration lawyer before taking action to understand your risks.
Juvenile. Individuals who are juveniles (under 18) could be separated from the group and taken to the Juvenile facility in SW Washington, and can only can only be released to a parent or a guardian with a signed guardian form by your parents. Juveniles will also have to go to court and will be processed through the regular juvenile justice process, there is no special accommodations or systems for nonviolent civil disobedience arrests like there are for adults.
Non-binary/GNC folks. If you are transgender or gender non-conforming, the police are supposed to respect your gender identity and process you accordingly, though there are no guarantees.
Prior Law Enforcement Interactions. If you have a pending criminal case in Washington, DC, you can be held in police custody until your court date. If you have a pending criminal case in another jurisdiction, you should speak to a lawyer before taking action to understand your risk.
If you have these or other special circumstances, such as involvement in a child custody dispute, licensing issues, need for a security clearance, or participation in government programs such as public housing, you should consult a lawyer before engaging in action so you can understand your risk.
Interacting with the Police.
If you’re stopped by the police, remain as calm as you can. Police may not respect your rights while they are interacting with you, so it’s important for you to remember and do a few key things to demonstrate that you know your rights!
Memorize the officers name, badge number, and any other identifying information.
You may remain silent, even in response to routine questions. Assert that right out loud. Say: “I choose to remain silent until I can speak with a lawyer.”
If you’re not being detained, remove yourself from the interaction ASAP. Ask: “Am I free to leave?”
If yes , walk away.
If no, ask: “Am I under arrest?”
If yes, ask: “For what crime?”
Assert your rights, if you’re arrested.
You have a right to remain silent. You can assert this right at any time. Say: “I wish to remain silent.” Repeat this if questioning continues. Do not expect to be read your Miranda rights.
You have a right to speak to an attorney. Say: “I want a lawyer.” You do not have to say or sign anything before consulting with an attorney.
You do not have to consent to a search of your person or belongings. If police attempt to search you or your belongings without consent, be sure to say aloud that you do not consent. Say: “I do not consent to this search.” Do not physically resist if they continue against your wishes.
Note on resisting arrest: MPD has been known to construe “assault on a police officer” very broadly. Know that there is an elevated risk of higher charges if you resist (e.g., go limp, lock arms, etc) or do anything that can be considered “ “interfering” with a police officer. This can include documentation of a police encounter.
What to expect when you’re arrested.
It’s important that you know who is arresting you. Look for the officer’s patch to see what agency they’re from. As above, memorize their name and badge number if you’re able. Processing can take anywhere from 2 to 10 hours, and time increases as the number of arrestees increases (more people take more time). There is no way to shorten or negotiate the processing time. You should NOT expect to get a phone call, unless you are held overnight.
You will be handcuffed - usually in plastic zip-tie cuffs.
You will be patted down.
You will be processed. You may be moved to another area for onsite processing OR put in a vehicle for transportation to a precinct for processing.
You will be booked and searched. Your personal items will be taken by police and cataloged. You will get a receipt of the items taken. You will be fingerprinted and photographed. You will need to provide ID and answer questions about your name, address, and social security number.
If you’re from out of town: They will ask you if you have a local contact, so you might want to have a DC number memorized. Memorize (or write on your arm) numbers for your family, your lawyer, or jail support.
Getting out of Jail.
There are a number of scenarios that can happen when you’re arrested. DC has no cash bail, so you will not need to pay just to get out of jail.
You could be released without charges or “no papered.”
You could “Post & Forfeit” (most common outcome for non-violent civil disobedience). You post/pay $50-100 (police will require exact change) up front to be released with an arrest on your record but no conviction and no further follow up necessary. Through this process, you forfeit your right to a trial.
For the purposes of most background checks and professional licensing, having an arrest for nonviolent civil disobedience on your record has no negative repercussions.
You could be cited (given a court date) and released.
Held (overnight or over the weekend) until you’re arraigned. Everyone in DC gets a lawyer, so you will talk with your attorney or a court-appointed attorney / public defender before you appear before a judge.
Most common protest charges.
The potential charges activists typically see are general misdemeanors, and would likely be one of the following:
Unlawful assembly
Failure to obey a lawful order
Illegal demonstration (e.g., at the US Capital)
Incommoding (blocking traffic)
Most of these charges can result in a maximum 6 months in jail, $1000 fine, and $250 payment to the victims of crime fund. This is the maximum penalty, which is not likely. The likely scenario is being offered a “post and forfeit.”
This document does not constitute legal advice and is for informational purposes only. If you have specific legal concerns, seek the advice of a licensed attorney. See contacts above to connect with local counsel.