Read ACLU’s Guide to Know Your Rights in Trump’s America now from Blog for Arizona for Politics from a Liberal Viewpoint

These are notes taken by Kathy Voth, of the LD18 Democrats Communications Team, from the American Civil Liberties Union’s “Know Your Rights Training” presented on Zoom on April 29, 2025.

This information is sobering but helpful and important. You can watch the Zoom recording at https://drive.google.com/file/d/15tgTSPdNitbo735Jmp9LGkbYukHBUqb6/view?usp=drivesdk

Heading to a Protest

Bring a friend
• There is safety in numbers. Choose someone with a similar risk tolerance.

Have an “in case of emergency” plan
• Have an emergency contact.
• Be sure that someone can get into your house to care for plants and pets in case you don’t return as soon as you expected.
• Identify exit points, meet up areas and protest leaders
• If you are an immigrant have a plan for who will look after the children should you be detained.
• Have the number of an attorney so that you can call them if you are detained. Look up the National Lawyers Guild in your area to see if they will be available to help in an emergency.
• Know where you can get bail money.

Bring your U.S. photo ID
• If you are a not a citizen and are over 18, you are required by law to have your immigration papers with you at all times.

Bring/wear a mask to protect against facial recognition software.

Prepare to be out for a long time.
• Dress comfortably
• Have sunscreen, water, snacks, and meds you might need should you not return home as soon as planned.

Write important numbers on your body with a permanent marker.
• This could include your emergency contact, or a legal aide group/lawyer.

Cell Phone Safety

If you bring one, be sure it is fully charged.
• It can be used to record events should things not go according to plan.
• If you take pictures, do not post them on social media or share them without blurring the faces of people in the photos.
• Turn off biometrics (face/fingerprint for opening phone) and use a 6-digit code instead. This prevents anyone from opening your phone without a warrant.
• Put it in airplane mode to reduce the opportunity for being tracked. However, you can still be traced after the fact and Law Enforcement can get a warrant for this information.
• Use a secure/encrypted messaging app like Signal.
• Back up any data so that if your phone is lost or confiscated you still have what you need.

The only way to ensure that your phone is not used to track you is to leave it at home.

DON’T BRING

Contact lenses
• Tear gas can get behind them and cause extra pain and even damage to your eyes.

Weapons or anything that could be misconstrued as a weapon.

Anything illegal – drugs, etc.

Anything you don’t want to lose or have confiscated by law enforcement

Your Rights

The ACLU lawyer emphasized that even though we have rights, they could be violated. Therefore it is incumbent on all of us to be aware of our risk tolerance and if it seems our rights are being violated or will be violated and we will be in danger, we can choose to move on and file a complaint. In that case notify the ACLU ASAP.

YOU HAVE THE RIGHT TO DEMONSTRATE AND PROTEST
• Law enforcement can place restrictions on these rights. In some cases you must have a permit. They can prevent you from blocking streets, and they may intervene for public safety. They cannot use excessive force or retaliate, yet they might.

• When interacting with Law Enforcement:
Remain calm. Never physically resist. Keep your hands visible.

• Law enforcement cannot detain you arbitrarily, yet they might try.

Always ask if you are free to go. If the answer is yes, calmly walk away. Do not engage further.

• In some states you must provide your name to law enforcement when asked. Do not lie and do not provide false document.

• Never give law enforcement a reason to take you in.

YOU HAVE THE RIGHT TO REMAIN SILENT
• If you see someone being approached by Law Enforcement or ICE, it is helpful to shout this right so everyone knows that they have the right to remain silent.

YOU HAVE THE RIGHT TO REFUSE CONSENT TO A SEARCH
• However if law enforcement suspects you are carrying a weapon, they can pat you down. You can only be searched without consent after an arrest.

IF YOU ARE ARRESTED, YOU HAVE THE RIGHT TO REMAIN SILENT, THE RIGHT TO A PHONE CALL AND THE RIGHT TO AN ATTORNEY AT ARRAIGNMENT.
• If you are calling an attorney, Law Enforcement is not allowed to listen to your call. If you are calling a friend or family member, they can listen in.

• If you are arrested, post bond ASAP

IF YOU ARE DETAINED BY IMMIGRATION:

YOU HAVE THE RIGHT TO REMAIN SILENT.

YOU HAVE THE RIGHT TO A PHONE CALL.
Notify your consulate where you are if possible.

YOU HAVE THE RIGHT TO CONSULT WITH AN ATTORNEY.
• The government is not required to provide you with an attorney, but you can ask for a list of free or low-cost options.

If you witness an arrest

Document everything – your physical position, other witnesses present, write a full description of the arrest and video or take pictures.

DON’T OBSTRUCT THE PROCESS.

You have the legal right to take photos and to videotape. Arizona is also a state where you can take audio recordings without the permission of the other person being recorded.

If your rights are violated
• Write done the badge number, name, patrol car number and agency of the person.
• Get contact information for witnesses.
• File a written complaint and notify the ACLU

Counter-protesters have rights too