The information in this section is collected from the ACLU Protesters’ Rights page, The Black Panther Party Pocket Lawyer pamphlet, and first hand accounts of local Portland protesters.
Make an assessment of the risk level of arrest for that protest event; know that bringing things like weapons or body armor could increase the likelihood of arrest or criminal charges.
Memorize, or write on your body with sharpie, the number of a lawyer you can call in case of arrest, such as the local chapter of the National Lawyer’s Guild. It is recommend to write this somewhere other than your arms or hands as officers may force you to wash it off while in custody.
Stay calm. Make sure to keep your hands visible. Don’t argue, resist, or obstruct the police, even if you believe they are violating your rights. Point out that you are not disrupting anyone else’s activity and that the First Amendment protects your actions.
If a police officer is not in uniform, ask them to show identification. They have no authority over you unless properly identified. Beware of persons posing as police officers. Always get a badge number and name.
Ask if you are free to leave. If the officer says yes, calmly walk away.
If you are under arrest, you have a right to ask why. Otherwise, say you wish to remain silent and ask for a lawyer immediately. Don’t say anything or sign anything without a lawyer.
You have the right to make a local phone call, and if you’re calling your lawyer, police are not allowed to listen.
You never have to consent to a search of yourself or your belongings. If you do explicitly consent, it can affect you later in court.
Police may “pat down” your clothing if they suspect you have a weapon and may search you after an arrest.
Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. However, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations. Despite it being an illegal action, police may still try to search your phone if it is unlocked or attempt to use your fingerprint to unlock it if this feature is enabled.
Police have no right to search your car or your home unless they have a search warrant, probable cause, or your consent. They may conduct no exploratory search, that is, one for evidence of a crime generally or for evidence of a crime unconnected with the one you are being questioned about. Thus, a stop for an automobile violation does not give the police the right to search the automobile. You are not required to consent to a search; therefore, you should not consent and should state clearly and unequivocally that you do not consent, in front of witnesses if possible. If you do not consent, the police will have the burden in court of showing probable cause.
Police may or may not tell you that you are under arrest before physically grabbing and arresting you. Officers will likely be forceful with you.
If you are wearing a backpack or other similar item, it will likely be cut off you while you are being held down during the arrest. You will be handcuffed or zip tied.
All items on your person will be searched and bagged before you are put in a police vehicle with anyone else being arrested.
Most people arrested in Portland city limits will be detained at the Justice Center downtown.
Do not engage in “friendly” conversation with officers on the way to or at the station. Once you are arrested there is little likelihood that anything you say will get you released.
You will be interviewed in a separate room as part of your arrest. Interviews vary and may be conducted by a group of officers or just one or two. Police should read you your rights before the interview process has started. It is in your best interest to exercise your right to remain silent during the interview. Tell police, “I choose to remain silent. I would like to speak with a lawyer.”
After being interviewed you will be taken to a waiting room where they will remove belts and shoelaces and give you flip flops if you’re wearing steel-toed boots. This is where you will be fingerprinted and photographed. You should also be asked if you would like to receive first aid treatment in case you were injured during your arrest.
In the waiting area you will also be allowed to make a call. It is recommended that you call the Portland National Lawyer’s Guild (NLG) jail support line (971-247-1072), or contact someone who can call them for you.
Most people report being in custody for about 8 hours. The police must bring you into court or release you within 48 hours after your arrest, unless the time ends on a weekend or a holiday, and they must bring you before a judge the first day court is in session.
A second interview will be required to determine your bail. If you refuse to give police information such as your legal name and address you may not be released on bail.
You must be allowed to post bail in most cases, but you must be able to pay the bail bondsmen’s fee. If you cannot pay the fee, you may ask the judge to release you from custody without bail or to lower your bail, but they do not have to do so.
As part of your release you will need to sign a form acknowledging your arraignment date and that you received any property that you are able to recover.
Police will likely will hold onto your keys, wallet, glasses, phone, and other essential items until a later date. Make a note of when you will be able to recover this property and have a plan for how to get home, into your home, into your vehicle, and how to contact people if the police hold onto these items for up to several days.
Jail support teams will be waiting for you outside of the Justice Center, to be a source of comfort and to help you with any logistical issues you might have after your arrest.
If you know that there is a warrant for your arrest or that arrest is very likely, consider what clothing you are wearing at the time as many people report feeling cold.
When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.
Get contact information from witnesses.
Take photographs of any injuries and keep any documentation from medical treatment.
Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.