What to Do if You're Stopped by the Police
Civil Liberties Union
All New Yorkers deserve a voice. We all have the fundamental right to speak out and engage in political protest.
The First Amendment of the United States Constitution and Article I, Section 8 of the New York State Constitution protect your right to assemble peacefully and express your views through protest. While the government has a duty to respect, facilitate, and protect your right to protest, it may place certain narrow and reasonable restrictions on the time, place, and manner of the exercise of free speech rights to protect the safety and rights of others –– for example, requiring protesters to walk with the flow of traffic if marching in the streets.
Here’s what you should know before heading out into the streets.
This Know Your Rights information is not a replacement for legal advice.
Police are obligated to respect your first amendment rights – including the right to peacefully protest. Here’s what to look out for when police are deployed to a protest.
You never have to consent to a search of yourself or your property. Even if you expressly object to the search, be aware police may nevertheless conduct one but you may be able to legally challenge the search later. And if you do explicitly consent, it may affect you later in court. For more information, see NYCLU’s What to Do if You Are Stopped By The Police.
Failure to comply with police orders may lead to arrest. If you get arrested, you may not have access to your phone.
While social media and other digital communications have become critical tools for organizing and joining protests, law enforcement also rely on these tools. Law enforcement agencies also use surveillance technology like StingRays that track cell phone usage, facial recognition software, and more to identify and track protesters.
Learn about the long-established limits on the NYPD’s ability to conduct police surveillance of political protests due to the NYCLU’s 1971 still active lawsuit, Handschu v. Special Services Division.