Your Rights at Protests and Public Gatherings

Participating in protests and public gatherings is a powerful way to express your beliefs and advocate for change. The right to free speech and peaceful assembly is protected under the First Amendment of the U.S. Constitution. However, these events can sometimes lead to arrests, often leaving participants confused about their rights and legal options. 

If you or a loved one has been arrested at a protest, it’s crucial to understand the law and seek professional legal assistance to protect your rights. At Pajerski Law, we are committed to protecting your constitutional freedoms. Contact us today for a free case evaluation to ensure your rights are protected.

In this article, we’ll cover your rights at protests, explain common reasons for arrests, and provide practical advice on how to handle legal challenges.

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Your Rights During Protests and Public Gatherings

1. The Right to Free Speech: You have the right to express your opinions through speech, signs, chants, and symbolic clothing. This protection applies even if your views are controversial or unpopular. However, speech that incites violence or poses an immediate threat may not be protected.

2. The Right to Peaceful Assembly: Public spaces like parks, sidewalks, and streets are typically open for protests, but blocking traffic or obstructing access may require a permit. On private property, you need the owner’s permission to protest legally.

3. The Right to Record: In Arizona, you are allowed to film and photograph law enforcement officers in public spaces as long as you don’t interfere with their duties. Officers cannot delete your recordings or confiscate your phone without a warrant.

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Limits on Law Enforcement Actions

While law enforcement has a duty to maintain public safety, they must respect your constitutional rights. Key limitations include:

• Unlawful Arrests: Law enforcement cannot arrest you for expressing your views peacefully. However, arrests may occur if:some text
  • Violence or illegal activity takes place.
  • You refuse to disperse when ordered by police after a lawful declaration.

• Excessive Use of Force: Police must use force proportionally and only when necessary. If you believe excessive force has been used, document the incident and seek legal counsel.

• Search and Seizure: Officers cannot search you or your belongings without probable cause, a warrant, or your consent. Keep in mind that if you are carrying a bag or backpack, officers may attempt to justify searches under specific circumstances, such as public safety concerns.

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Common Reasons for Arrests at Protests or Public Gatherings

Many people arrested at protests are surprised to find themselves facing criminal charges. Some common reasons include:

• Unlawful Assembly: This charge is often used when law enforcement deems a protest disruptive or unsafe, even if participants were peaceful.

• Disorderly Conduct: This broad charge can include loud or disruptive behavior, refusing to leave an area, or obstructing traffic.

• Resisting Arrest: Even minor movements or questioning of an officer can sometimes be interpreted as resisting arrest.

• Trespassing: Protesting on private property without permission can lead to trespassing charges.

• Vandalism or Property Damage: Accusations of damaging property, even unintentionally, can escalate charges.

• Curfew Violations: If local authorities impose a curfew, staying out past the designated time can result in an arrest.

If you’ve been charged with any of these offenses, it’s vital to speak with an experienced protest arrest lawyer to evaluate your case and build a strong defense.

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What Should You Do If You’re Arrested at a Protest?

If you’re arrested during a protest or public gathering, follow these steps to protect yourself:

1. Stay Calm and Comply: Arguing or resisting arrest can lead to additional charges. Remain polite and cooperative.

2. Invoke Your Right to Remain Silent: You are not required to answer questions without an attorney present. Politely state, “I am invoking my right to remain silent.”

3. Ask for an Attorney: Request legal representation immediately. Do not sign any documents or make statements without consulting an attorney.

4. Document the Incident: As soon as it is safe to do so, write down details of the arrest, including the names or badge numbers of the officers involved. If possible, obtain witness contact information.

5. Contact Pajerski Law: Reach out to us for experienced legal representation. We will guide you through the legal process and work tirelessly to defend your rights.

At Pajerski Law, we have extensive experience defending individuals in complex legal situations. Whether you face wrongful arrest, accusations of illegal activity, or believe your rights were violated, we are here to advocate for you.

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FAQs About Protest Arrests

1. Can Police Arrest Me for Recording Them?: No, you can legally record police officers in public spaces as long as you do not interfere with their duties. Officers cannot delete your recordings or seize your phone without a warrant, and doing so may violate your rights. Always maintain a safe distance while recording.

2. What Happens If I Refuse to Leave When Ordered?: If police declare a protest an “unlawful assembly” and order dispersal, refusing to leave can result in charges like unlawful assembly or trespassing. Law enforcement must provide a clear, audible order and give you a reasonable opportunity to comply. If you didn’t hear or understand the order, this could be a defense in your case.

3. Will an Arrest Affect My Job or Future?: An arrest could appear on background checks, impacting jobs, housing, or education. However, charges dismissed or resolved favorably may not show up on your record. An experienced attorney can work to protect your future by minimizing the consequences.

4. Can I Be Held Liable for Damages Caused by Others?: Prosecutors may try to hold you accountable for property damage caused by others, especially in group settings. A strong defense can prove you did not participate in or encourage illegal actions. Video footage or witness statements can be critical to your case.

5. What Should I Do If Police Use Excessive Force?: If you experience excessive force, seek medical attention immediately and document your injuries. Collect evidence like photos or videos and note officer details if possible. An attorney can help you file a complaint or take legal action.

6. Do I Need a Lawyer for Minor Charges?: Yes, even minor charges like disorderly conduct can have lasting consequences on your record. A lawyer can negotiate to reduce or dismiss charges and help you navigate the legal system. Protecting your record is critical for future opportunities.

7. Can I Be Arrested for Organizing a Protest?: Organizing a protest is protected under the First Amendment, but you may face charges if permits are not obtained or if illegal activities occur. An attorney can help prove your actions were lawful and your rights were violated if you were improperly arrested.

8. What Should I Bring to a Protest to Be Prepared?: Bring a valid ID, a charged phone, and contact information for an attorney. Avoid carrying anything that could be misinterpreted as a weapon or illegal item. Staying prepared can help protect your rights and minimize risks during the protest.

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Still, Have Questions? Pajerski Law Is Here to Help

If you’ve been arrested at a protest or have concerns about your rights, reach out to Pajerski Law for expert legal advice. We understand the complexities of protest-related cases and will fight to protect your rights and your future. Call us today for a free consultation and take the first step toward resolving your case.