Overview

This guide covers your constitutional rights when you are stopped, questioned, detained, or arrested by law enforcement — including local police, federal agents (FBI, DHS), and immigration officers (ICE/CBP). It applies to US citizens and non-citizens alike in most contexts.

Audience: Any person in the United States who may be stopped or detained Urgency: This is reference material — read it before you need it

Emergency Reference Card

Save this information before going to any protest or public demonstration:

National Lawyers Guild Emergency Hotline: 212-679-6018 (NYC) Find your local NLG chapter: nlg.org/chapters

Part I: Understanding the Levels of a Police Encounter

Level 1: Voluntary Contact (No Detention)

• Police approach and ask questions
• You are free to leave at any time
• You have no obligation to answer questions
• Action: Politely ask “Am I free to go?” If yes, calmly leave

Level 2: Investigative Detention (Terry Stop)

• Police stop you because they have “reasonable articulable suspicion” of criminal activity
• You are not free to leave temporarily, but you have not been arrested
• You do not have to answer questions beyond identifying yourself (required in some states)
• Duration must be brief — police cannot hold you indefinitely without arresting you
• Action: “I am invoking my right to remain silent.” Ask “Am I being detained or am I free to go?”

Level 3: Arrest

• Police have probable cause to believe you committed a crime
• You are formally taken into custody
• You must be read Miranda rights if you are questioned
• Action: Do not resist. Say nothing. Ask for a lawyer immediately.

Part II: Your Constitutional Rights

Fourth Amendment — Search and Seizure

You have the right to be free from unreasonable searches and seizures.

• Police generally need a warrant to search your home, car, or belongings
• You can verbally refuse consent to a search: “I do not consent to a search.”
• If police have a warrant, compliance is required — but object verbally if you believe it is invalid
• At a protest, police may conduct “protective pat-downs” if they have reasonable suspicion you are armed. This does not permit a full search.
• Exception: Anything visible in “plain view” can be seized without a warrant

Fifth Amendment — Right to Remain Silent

You cannot be compelled to testify against yourself.

• You have the right to remain silent in any law enforcement encounter
• To invoke this right, you must say it out loud: “I am invoking my right to remain silent.”
• Silence alone may not be enough in all jurisdictions — saying the words matters
• Do not try to explain your way out of a situation. Stop talking.
• You may be required to state your name in states with “stop and identify” statutes (approximately 24 states). You are not required to answer other questions.

Sixth Amendment — Right to Counsel

You have the right to an attorney.

• Once you are arrested, you have the right to an attorney before any questioning
• If you cannot afford an attorney, one will be appointed for you
• Invoke this clearly: “I want a lawyer. I am not answering any questions until I speak to a lawyer.”
• Police must stop questioning once you invoke this right
• Do not waive your right to an attorney

Part III: Specific Scenarios

At a Protest

Before you go:

• Write the NLG hotline number on your arm in permanent marker
• Turn off Face ID and fingerprint unlock on your phone (use PIN only)
• Know your nearest NLG chapter or legal support organization
• Identify a “jail support” contact who is not attending the protest
• Carry a printed card with your attorney’s phone number or NLG number

If police give a dispersal order:

• Listen carefully to the full order — note the time, officer badge number if visible, and exact wording
• You are legally required to leave once a lawful dispersal order has been given
• A dispersal order must specify a route for people to leave
• If you choose to stay as an act of civil disobedience, understand you may be arrested

If you are arrested at a protest:

• Go limp or comply physically — do not resist
• Say: “I am invoking my right to remain silent. I want a lawyer.”
• Do not provide your social media passwords or phone passcode
• Remember what you observe: officer names/badge numbers, location, time, witnesses

Mass arrest situations:

• Police may use “kettling” (surrounding a crowd) to conduct mass arrests
• You may be zip-tied and held for hours before processing
• Legal observers (NLG Green Hat) will document arrests from the perimeter

If Federal Agents Come to Your Door

• You do not have to open the door unless agents have a warrant
• Ask through the door: “Do you have a warrant signed by a judge?”
• If they produce a warrant, you may step outside (do not let them inside until you review the warrant)
• If no warrant: “I do not consent to a search. I am not answering questions without a lawyer.”
• Do not lie to federal agents (this is itself a federal crime under 18 U.S.C. § 1001)
• Say nothing else. Call a lawyer.

If You Receive a Grand Jury Subpoena

• Do not ignore a grand jury subpoena — contact a lawyer immediately
• You have the right to counsel outside the grand jury room (not inside during testimony)
• A lawyer can advise whether you should testify, assert Fifth Amendment privilege, or challenge the subpoena
• Do not destroy any documents or communications after receiving a subpoena — this can be obstruction

If Your Phone or Devices Are Seized

• Do not provide your passcode voluntarily
• Law enforcement generally needs a warrant to search the contents of your phone (Riley v. California, 2014)
• If agents demand your passcode, assert: “I am asserting my Fifth Amendment right not to provide my passcode.”
• The law on biometric unlocking (Face ID, fingerprint) is less settled — a PIN/passcode is safer
• After seizure, document everything: which devices, when, by whom, what paperwork was provided

Part IV: State vs. Federal Charges

If arrested by FBI, DHS, or other federal agents, you are likely facing federal charges. Insist on a federal criminal defense attorney.

Part V: After Arrest

Booking

• You will be photographed and fingerprinted
• Personal belongings will be inventoried and held
• You will be asked biographical information (name, address, date of birth) — this you may provide

First Appearance / Arraignment

• Must typically occur within 48–72 hours of arrest
• Judge will inform you of charges and determine bail
• If you cannot afford an attorney, request a public defender at this hearing

Bail

• Bail is the amount required to secure your release before trial
• Factors include: flight risk, danger to community, severity of charges, prior record
• Excessive bail is prohibited by the Eighth Amendment
• In politically motivated prosecutions, bail may be set unreasonably high — document this for appeal
• Bail funds: National Bail Fund Network (bailfunds.org) maintains a directory of community bail funds

If You Are Held Without Bail (Detention)

• The government must demonstrate that no conditions of release will ensure appearance and safety
• You may petition the court to review detention at any time
• Habeas corpus petitions challenge the lawfulness of detention in federal court

Part VI: Legal Observer Programs

National Lawyers Guild Legal Observers (Green Hats)

• NLG legal observers wear distinctive green hats at demonstrations
• They document arrests, photograph police conduct, and provide witness statements
• They do not provide legal advice at demonstrations — they gather evidence
• To become a legal observer: nlg.org/legal-observer-trainings

Witness Against Torture / Other Programs

• ACLU has local intake processes for civil rights complaints
• State-specific legal observer programs vary; contact your local civil liberties organization

Part VII: Documenting and Reporting Violations

If your rights were violated during an encounter:

1. Write everything down immediately after release — while memory is fresh

• Officer names, badge numbers, vehicle numbers
• Time, location, what was said and done
• Witnesses’ names and contact information

1. Seek medical attention if injured — document injuries with photographs

1. File a complaint:

• Local police: Internal Affairs or civilian oversight board
• Federal agents: DOJ Civil Rights Division (justice.gov/crt)
• FBI misconduct: FBI Office of Inspector General (oig.gov)
• ICE/CBP misconduct: DHS Office for Civil Rights (dhs.gov/ocr)

1. Contact civil rights organizations:

• ACLU (aclu.org) — intake forms for rights violations
• National Lawyers Guild (nlg.org)
• Your state’s ACLU affiliate

Key Organizations and Contacts

Related Learning Paths

• Role-Based: Citizen Playbook | Civil Rights Activist Playbook | Citizen Activist Playbook
• Use-Case: If You Are Arrested or Detained | Organizing a Peaceful Protest | Responding to Federal Harassment | Finding Legal Representation