• You do not need a permit to march on the sidewalk, as long as you do not block pedestrian traffic. A permit may be required to march in the street or gather in a city park.
• You have a right to hold signs and hand out flyers.
• Even if you follow these rules, the police may issue a dispersal order. If they do, they need to provide clear notice and an opportunity for you to leave the area.

• “Am I free to leave?” You can ask whether you are free to leave. If the officer says you are not free to leave, exercise your right to remain silent and ask for your lawyer.
• “I do not consent to any searches.” You do not have to consent to a search of your person or property. 
• While there is no legal requirement to carry identification on you, generally, you may want to consider bringing some form of identification. If you are arrested, your time in custody may be longer as police will detain you longer until you can be identified.
• At the end of those interactions, regardless of whether you were given a summons or ticket, they should, upon your request, give you a business card that has their name, rank, badge number, and their command.

• You have the right to remain silent. If you choose to talk to the police, it can be used against you.
• If you’re arrested, ask for a lawyer immediately.
• You can refuse consent to be searched.
• If you have the number of a support person (a friend, family member, or jail support), you have the right to call them.
• If bail is set and you can’t afford it, ask your lawyer about contacting a bail fund.

• Carry as few electronic devices as possible.
• Disable face/fingerprint unlock on your phone. Use 6+ digit passcodes, preferably alphanumeric.
• Do not consent to a search of your devices. Do not unlock your device for police without a warrant. Ask for your lawyer.
• Use a secure encrypted messaging app to communicate with others. Enable the disappearing messages feature.
• Turn off GPS, NFC, Bluetooth, WiFi, and any location services.
• Review your social media privacy settings to limit who can see your posts and accounts.
• Avoid tagging or posting identifiable images of people without their permission. Doing so puts activists, organizers, and other individuals at risk for additional surveillance and retaliation. Use your best judgment.
• Wearing sunglasses and a hat with your face mask may protect you against surveillance.
• Do not try to remotely wipe your device because police will secure against that and it can result in additional criminal charges.
• Pay for your Metrocards in cash.

• You have a right to record the police as long as you are not interfering with the discharge of their law enforcement duties. Keep a safe distance when recording to avoid being accused of interfering with legitimate law enforcement operations.
• Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances.

• When you can, write down everything you remember, including the officers’ badge and patrol car numbers.
• Get contact information for witnesses.
• Take photographs of any injuries. Get medical treatment right away if you need it, and ask for a copy of any medical records.
• Once you have all of this information, you can file a written complaint with the NYPD’s internal affairs division or the Civilian Complaint Review Board.
• If you are interested in pursuing a civil claim, make sure to consult with a lawyer as soon as you can about filing a notice of claim.

• In New York, the police are required to get a warrant before taking your DNA, but they employ trickery and deception to try to get around this requirement.
• Do not consent to the police taking your DNA swab without a warrant or court order.
• If you do drink, smoke, or eat, tell the police you want to take your items with you and that you do not consent to your DNA being tested.
• Try to keep your mask and other PPE as you go through the arrest process. If the police take it, tell them you do not consent to any testing of your DNA.
• If you are a parent whose child is in custody, tell the police that you do not consent to any taking of your child’s DNA either through a swab or from something your child ate or drank.

Non-citizens may be particularly vulnerable during protests. While NYC law prohibits NYPD from sharing information with ICE to aid in civil immigration enforcement, a protest arrest – even if dismissed – may trigger unwanted attention. This is especially true if a protestor is arrested for a fingerprintable offense since the fingerprints of arrestees are automatically shared with the federal government as part of the criminal background check process. Always ask for and consult with a lawyer.

While most of these rights come from the United States Constitution and apply equally across the U.S., some of the specifics- like information on NYC’s Right to Know Act-  are rights codified in NYC law. For information on specific rights codified in other jurisdictions, check with your local public defender and/or state affiliate of the American Civil Liberties Union.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.