Use-Case Playbook: What to Do If You Are Arrested or Detained
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Use-Case Playbook: What to Do If You Are Arrested or Detained

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Use-Case Playbook: What to Do If You Are Arrested or Detained

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Overview

This playbook covers what to do when you are stopped, detained, or arrested by law enforcement — including at a protest, at home, by federal agents, or in any civic context. It consolidates constitutional rights guidance, practical steps, and legal support resources.

## Emergency Reference (Memorize or Print)

Write this on your arm before any demonstration:

– NLG National: 212-679-6018 | Find local: nlg.org/chapters

– ACLU: aclu.org

If stopped:

> “Am I free to go?”

> If no: “I am invoking my right to remain silent. I want a lawyer.”

If searched:

> “I do not consent to a search.”

If phone seized:

> “I assert my Fifth Amendment right. I will not provide my passcode.”

Step 1: Know Your Rights Before You Need Them

Read: knowledgebase/learning-paths/new-content/arrested-detained-citizens-guide.md

The comprehensive guide: the three levels of police encounter, your Fourth/Fifth/Sixth Amendment rights, specific scenarios (protest, federal agents at your door, grand jury subpoena, phone seizure), state vs. federal charges, booking and bail, and legal observer programs.

Step 2: Constitutional Framework

Read: knowledgebase/amendments.md

How the Bill of Rights applies to law enforcement encounters. Includes ICE-specific guidance and the rights that apply regardless of immigration status.

Read: knowledgebase/immigration-rights-regardless-of-status.md

Constitutional rights are not limited to citizens. If you or someone in your community is an immigrant, this document explains the full scope of rights that apply in every encounter.

Step 3: Immigration Detention (If Applicable)

If the detention involves immigration enforcement (ICE, CBP):

Read: knowledgebase/immigration-enforcement-overview-2025-2026.md Read: knowledgebase/immigration-detention-conditions-2025-2026.md Read: knowledgebase/immigration-legal-resources-directory.md

The immigration-specific context: ICE enforcement procedures, detention conditions, bond hearings, and the national directory of immigration legal services.

Step 4: If Arrested for Political Activity

Read: knowledgebase/political-prisoner-advocacy.md

When an arrest is politically motivated: the immediate response checklist (first 24–48 hours), how to activate a legal support network, media strategy, community support, and international advocacy channels.

Step 5: Find Legal Representation

Read: knowledgebase/learning-paths/new-content/finding-legal-representation-guide.md Read: knowledgebase/learning-paths/use-case/finding-legal-representation.md

Matching your situation to the right attorney: protest defense, federal criminal defense, civil rights litigation. Free and low-cost options through NLG, ACLU, public defenders, and law school clinics.

Immediate Action Checklist

After release, complete these steps while memory is fresh:

  • [ ] Write down everything you remember: officers’ names/badge numbers, what was said, what was done, sequence of events
  • [ ] Photograph any injuries
  • [ ] Contact your designated lawyer or NLG
  • [ ] Contact your “jail support” person outside the event
  • [ ] Document any property seized: what was taken, by whom, any paperwork provided
  • [ ] Do NOT discuss the arrest on social media before consulting with a lawyer
  • [ ] Collect contact information from any witnesses
  • [ ] If you believe your rights were violated, contact ACLU and file a complaint

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