This piece is part of Rebel Well: a Starter Survival Guide to a Trumped America for Teens and Emerging Adults.
Interacting with the justice system in any form can be scary, whether a police officer is stopping you on the street, Immigration and Customs Enforcement (ICE)external link, opens in a new tab is knocking on your door, you’re being arrested at a protest, or you’re facing legal proceedings at court. For some people, these interactions can turn dangerous and deadly very quickly, which is something important to consider in conversations about the justice system right now. If you’re white and nondisabled, you’re much safer at protests or in situations where you assert yourself with law enforcement officers. If you’re Black or Brown, especially if you are undocumented or Muslim, decisions about how you want to interact with law enforcement can be more complicated. It’s okay to prioritize you and keeping yourself and loved ones safe if you need to. If you feel more comfortable taking risks, please consider that those who express discomfort may be feeling dehumanized and balancing concerns you don’t experience or aren’t aware of. Sometimes, resistance looks like staying alive.
We’re providing some advice on dealing with the legal system from the most conservative standpoint here, to give you something to think about as well as some basic survival tips. If some of this feels like being told to “comply in advance,” you’re not wrong! We want to provide you with the information to make empowered choices that work for you, and knowing what law enforcement and other representatives of the system expect can help you decide how you want to interact with them.
1. Know your rights. To the best of your ability, do your homework about your rights NOW so that you can consider them in your decisions. The American Civil Liberties Union’s Know Your Rightsexternal link, opens in a new tab has a lot of great information for you. Ignorance of the law is not a legal defense: we’re responsible for abiding by laws whether we know about them or not. And if you’re consciously choosing to disobey the law, it still helps to know what the law does and doesn’t say! It’s also easier to feel empowered instead of intimidated by legal systems or other related agencies when you know your rights and to insist on those rights.
If you are stopped by law enforcement, choose your words carefully. You can ask “am I being detained or am I free to go?” If the officer says you can go, go! If they knock on your door, step out and close your door behind you. Refuse to allow them in unless they can provide a warrant. Know that police can search a vehicle without a warrant if they have “probable cause” to do so, and they can usually come up with something to meet that standard, even if it’s unfair.
In some locations, such as New York, law enforcement are establishing checkpoints at locations such as the subway where people may be stopped and searched. You can decline, but you will have to leave the area (such as the train station). The New York Legal Aid Society has more information about navigating checkpointsexternal link, opens in a new tab. Similar demands for search and screening are also likely to increase in the 100 Mile Border Zoneexternal link, opens in a new tab, the stretch of the United States within 100 miles of international borders, where law enforcement has more latitude when it comes to stopping and searching people.
2. Utilize your on-call crisis team.
3. Listen instead of talking. Listen to what law enforcement officers and people from any other related agencies say to you very carefully; that way you can know what is going on and be sure not to miss anything important. If you don’t understand something, ask for them to repeat it. Keep your talking to a minimum, even when a question seems benign or obvious, such as “do you know why I pulled you over?” when you know you were speeding or blew through a red light. Be aware that law enforcement are not required to be honest with you, and may lie, make deceptive statements, or try to trick you in other ways to pressure you to confess to something you did not do, which is another good reason to refuse to talk or sign anything without an advocate.
4. Ask for legal representation. If you are detained or under arrest, clearly state something such as “I decline to answer questions without a lawyer present,” and then stop talking. If you don’t have a lawyer, one will be appointed for you, and don’t say anything until they get there. Also be aware that law enforcement may listen in on conversations with people who aren’t your lawyer, and could use what they hear against you. No matter what, let this be your mantra: “I want a lawyer.” Or, in the event that your parents or guardians hired a lawyer for you and you do not want that one or a lawyer assigned to you, say, “I want my own lawyer.” You have a right to a lawyer, and your own lawyer. Say it as many times as you need to until you get one.
5. Always assume that you have rights, power, and agency, and always ask for them. Sometimes you won’t have some rights, power, or agency, and sometimes when you ask for any of these things you will be declined. But operate from a place of assuming you have all the rights, and gently but firmly insist on them.
6. Be patient. Impatience can seriously mess you up in any part of the legal system. When we get impatient, we tend to get more reactive, more irritable, less careful; most often we tend to start behaving more and more badly. Remember to keep in touch with your body, and if you feel yourself running hot, stop and take a breath. This isn’t about judgment: behaving badly here can really endanger you. Feeling upset or frustrated with the justice system or about a crime is certainly understandable, but do your best to try to stay (or at least act) patient.
Reporting crimes: If you are marginalized, figuring out whether or not to report may be even more complicated than in the past. This is especially true in the case of crimes you think law enforcement may be dismissive about, like sexual assault, abuse, or hate crimes.
The basic question to ask yourself is really just this: do I feel I will be safer if I report, or if I don’t? If it’s clearly one or the other, go with the one that flashes “safety.” If you’re on the fence, do a quick pros and cons list, or ask someone you trust. Remember: reporting should be about what you feel is best for you and what you can handle. You are not required to report crimes against you, nor are you ever responsible for what your attacker does to someone else, nor do you need to explain or argue about your decision.
If you report, ask for a victim’s advocateexternal link, opens in a new tab from the start, no matter what. That will always increase your safety. You can also ask for a contact with a victim’s service of specific crimes, such as calling or asking for a representative from a local rape crisis center, DV shelter, religious community, or queer or trans organization. You can wait to file a report until an advocate arrives.
Know that if you don’t report, you may still be able to get care and support through services for victims. What won’t likely change in the coming months or years is that organizations made of and to serve vulnerable people totally understand the choices people make around decisions to report. Be aware that some people (such as teachers and social workers) are “mandated reporters,” which means they may have a legal responsibility to report concerns about child welfare to law enforcement. If you’re not sure, ask if a conversation will remain confidential.
all of rebel well: front page • why we made this guide • for everyone • healthcare • relationships & sex • conflict resolution • for those suffering harassment online, at school or at work • for those in abusive/controlling relationships, or who are homeless, transient or in the foster system • for those who are trans or LGBQ • for those who are of color • for those who experience religious intolerance or who are undocumented citizens • for those who are disabled • for those interacting with the justice system • for those engaging in active protest • when everything seems terrible or nowhere feels safe • how to help each other & improve this godawful mess • resources and helplines
