Download THE DEMONSTRATIONS IN D.C. GUIDE
The First Amendment to the U.S. Constitution protects “the freedom of speech” as well as “the right of the people peaceably to assemble.” That means you have a constitutional right to demonstrate. Police in D.C. generally understand that right. The great majority of demonstrations in D.C. are peaceful and most demonstrators do not encounter problems. Still, it pays to be prepared, especially if you plan to risk arrest. This guide can help.
DC has four quadrants: NW, NE, SE, and SW. They meet at the Capitol. Most monuments and federal buildings are on and around the National Mall, which divides NW from SW. If you see an address, pay attention to the quadrant!
Getting a permit is a good idea, to alert police what you’ll be doing and reserve your location. Rules and procedures vary based on location.
For details, visit: acludc.org/permits
Risking arrest? Carry $100 cash and 3 days’ worth of any essential medication, in its original bottle. Make emergency childcare plans if you have young children. Put a password on your phone to protect against searches. Memorize (or write on your arm) numbers for your family, your lawyer, and jail support (i.e., community volunteers who help people navigate the legal system after an arrest).
Remember that marijuana, though not criminalized in small amounts under D.C. law, remains illegal under federal law.
Remember also that anything you say about your activities on social media is available to police and prosecutors.
D.C. has many police agencies. Which one you’ll see depends on where you are. Here are arm patches for the major ones so you can recognize them.
Metro stations and D.C. streets and sidewalks are under local jurisdiction, policed mainly by:
D.C. Metropolitan Police Department (MPD)
Metro Transit Police
FEDERAL
All green space downtown (even small parks), the National Mall, federal buildings/monuments (and nearby sidewalks), and Rock Creek Park are federal land, policed mainly by:
Park Police
Federal Protective Service
Capitol Police (near U.S. Capitol/Union Station)
Secret Service (uniformed)
When interacting with police, it’s important to stay calm and try to de-escalate the situation. For instance, you can respond to an officer’s statements with generic, polite responses (Officer: What are you doing? Civilian: I’m attending a demonstration). If you start to feel uncomfortable, use the tips below to politely end the interaction or, if the officer detains you, protect your rights as long as the interaction continues.
Do respond to the officer calmly and politely, without providing any detailed information about you, the people with you, or your activities.
Do keep your hands in plain view.
Do feel free to videotape officers; it’s legal as long as you’re not so close to them as to be interfering.
Don’t make sudden movements or point at the officer.
Don’t touch the officers or their equipment.
Don’t yell or otherwise escalate the situation.
Do ask: “Am I free to leave?” if officers make you feel uncomfortable, either because they’re asking questions or for another reason. This phrase will help you find out if it is permissible for you to end the interaction. If the officer says yes, calmly and silently walk away. If the officer says no, you’ve been stopped and have to stay where you are.
Do ask (if not free to leave): “Am I under arrest?” If the officer says yes, ask: “For what crime?”
Do say, “I wish to remain silent”—and repeat if questioning continues.
Do be thoughtful about whether to present your ID. MPD officers generally cannot force you to show your ID (though they can in some instances, such as asking for a driver’s license if you’re stopped while driving). Federal law officials can require non-citizens to show proof of their lawful status. If you are a non-citizen, you should carry multiple documents demonstrating your status.
Don’t discuss your immigration status, country of origin, or show any immigration documents if you are not a citizen if you do not have proof of valid, unexpired lawful status.
Don’t provide detailed information to police, other than to provide your name and address if asked
Don’t reveal information just because the police have made a promise to you; they can and do lie during questioning.
Don’t lie to the police or provide fake documents.
Do say, “I do not consent to this search” if the police try or ask to search you or your belongings. Saying you don’t consent may not stop officers from searching you (indeed, sometimes police can search you even without your permission), but it will constrain their ability to do so legally.
Don’t physically resist a search; if you do, you can be charged with assault.
Do try to memorize the officer’s name and badge number if an officer searches you without your consent, or otherwise escalates the interaction.
Do say: “I wish to remain silent. I want a lawyer.”
Do give your name and address if asked.
Do know that police can lie to you (if, for instance, they promise you’ll get out faster if you answer questions).
Don’t resist, even if you believe the arrest is unfair.
Don’t give explanations or excuses.
Don't sign anything you do not understand, especially any papers stating that you understand and want to waive your rights.
Police misconduct can’t be challenged on the street. When you get home, write down everything you remember, such as: badge and patrol car numbers, which agency the officers were from, and contact information for witnesses (if you could get them at the scene). Take photos of any injuries (and seek medical attention). Keep all official paperwork and receipts for medical treatment. Then file a written complaint with the agency’s internal affairs division or the D.C. Office of Police Complaints. Contact an attorney for additional help. To learn more about seeking the ACLU-DC’s help to respond to violations of your rights, visit acludc.org/help.
Public Defender Service for the District of Columbia, Protest Hotline: (202) 824-2463 (available M-F from 9am to 5pm free of charge). Hotline additionally assists CJA and pro bono attorneys with general legal questions to support their clients facing protest-related issues in DC. PDS may also have information about the time and location of someone’s arraignment or presentment.
Federal authorities won’t tell you whether someone has been arrested.
For each DC police precinct’s number, visit: acludc.org/precincts
Autoridades federales no le informarán si alguien está bajo arresto.
Para conocer el número de teléfono de cada comisaría de la policía de D.C., visite: acludc.org/precincts
