Know Your Rights
Know Your Rights When Protesting in North Carolina
Research Compilation - January 2026
WHY THIS DOCUMENT EXISTS
Tensions are escalating. We’re seeing more violence toward protesters. Organizations are exhausted from sustained mobilization. And when people need clear, actionable information about their rights, what they find is either buried in legal jargon or so vague it’s useless in the moment.
I just wrote about organization exhaustion - how groups are stretched thin trying to respond to multiple crises while maintaining their core work. Part of that exhaustion comes from everyone having to reinvent the wheel. Every organization scrambling to figure out protest safety. Every activist trying to decode ACLU legal documents at 2am before a morning action.
This document exists to change that.
This is designed to be a quick primer - the information you actually need, in language you can actually use, organized so you can find it fast. It’s what I wish existed when I was trying to answer the simple question: “If police demand my ID at a protest, am I required to show it?”
What this is:
Practical scripts you can memorize
Clear explanations of your actual rights in North Carolina
Honest about the gaps between law and practice
Written in plain English, not legal jargon
What this is NOT:
Comprehensive legal advice for your specific situation
A substitute for partnering with local organizations
A replacement for consulting an attorney if you’re arrested
Always do your own research about local laws. Partner with organizations doing this work in your community. Stay informed on best practices as situations evolve.
But when you need to know RIGHT NOW what to say when a police officer approaches you, or what your rights actually are in North Carolina, or what script to memorize before you go to a protest - this is that resource.
QUICK REFERENCE CARD - Write This On Your Arm
Recording: “I have the right to record under the First Amendment, Glik v. Cunniffe.”
ID Request: “NC has no stop-and-identify law. Am I being detained? What crime am I suspected of?”
Badge Number: “I am requesting your name and badge number. I have the right to identify officers I interact with.”
Being Arrested: “I am not resisting. I do not consent to this arrest. I am invoking my right to remain silent and my right to an attorney.”
Invoking Rights: “I am invoking my Fifth Amendment right to remain silent.” “I am invoking my Sixth Amendment right to an attorney.”
Search: “I do not consent to any searches.”
Warning: In NC, police can arrest you for “Resist/Delay/Obstruct” even when you’re legally right. This is the catch that makes everything complicated.
ACLU Hotlines:
Buncombe/WNC: 336-543-0353
Charlotte: 704-740-7737
Wake County: 1-800-559-8714
YOUR RIGHT TO RECORD
The Line to Memorize:
“I have the right to record police activity in public. This right is protected by the First Amendment under Glik v. Cunniffe. I am not interfering with your duties.”
Your Legal Right
Recording police is a First Amendment protected right (Glik v. Cunniffe, 2011)
✓ Record any police activity in public spaces
✓ Record your OWN interaction with police (whether they know or not)
✓ Record OTHERS’ interactions IF you make it obvious you’re recording OR get consent from the person being stopped (not from police)
✓ Keep recording even if police tell you to stop
✓ Refuse to let police search your phone without a warrant
NC-Specific Rules
North Carolina is a “one-party consent” state:
If YOU are part of the interaction = You can record
If you’re recording SOMEONE ELSE’S interaction = Make it obvious you’re recording OR ask the person being stopped if you may record them (you don’t need police permission)
How to Exercise This Right Safely
When police tell you to stop recording:
Say the line: “I have the right to record under the First Amendment, Glik v. Cunniffe. I am not interfering.”
Ask for their name and badge number
If told to step back, ask “How far back?” then comply but keep recording
Zoom in if needed to maintain documentation
Stay calm, polite, respectful
DO:
Keep recording (you don’t have to stop)
Ask for officer’s name and badge number
Step back when told to maintain safe distance
Zoom in if asked to move back
Stay calm and respectful
DON’T:
Interfere with the investigation
Physically resist
Block officers or their work
Record in places with privacy expectations (restrooms, changing rooms)
If Police Demand Your Phone:
Say: “You need a warrant to search or take my phone”
Do not physically resist if they take it anyway
If arrested while recording, don’t unlock your phone for police (Fifth Amendment protects you)
Document this violation for court later
Important Note About Livestreaming
The law is unclear on livestreaming at protests. Here’s what we know:
Recording is clearly protected (Glik v. Cunniffe, 2011)
Livestreaming as a passenger in a vehicle during a traffic stop is NOT protected - Courts ruled this creates increased risk to officers
Livestreaming at protests from public spaces: No clear case law yet
The risk: Police may argue livestreaming is different from recording (immediate broadcast vs. stored video) and treat it as more threatening or as “interference.” You could be arrested and have to fight it in court.
Safer approach: Record video on your phone rather than livestream. You preserve all the same evidence without the legal uncertainty.
YOUR RIGHT TO REFUSE ID
The Line to Memorize:
“North Carolina does not have a stop-and-identify law. Am I being detained? Do you have reasonable suspicion that I’ve committed a crime?”
Your Legal Right - But It’s Complicated
The Basic Rule: North Carolina is NOT a “stop and identify” state.
You are NOT required to show ID or give your name to police UNLESS:
You are driving a motor vehicle (then you must show license, registration, insurance)
Police have reasonable suspicion you committed, are committing, or are about to commit a crime
The Reality on the Ground
This is where it gets messy:
Some police officers don’t know the law and will demand ID anyway
You can be wrongfully charged with RDO (Resist/Delay/Obstruct) for refusing - even though refusal is your legal right
State v. Harper (2022) complicated this - the law is “not so bright line anymore” according to legal experts
If you refuse ID, police may retaliate with arrest even if you’re legally right
How to Exercise This Right
The Practical Decision - You have to choose your risk:
Stand your ground legally = Possible wrongful arrest you can fight in court later
Show ID to avoid escalation = Cooperate even though not legally required
If you choose to refuse ID:
Ask: “Am I free to go?”
If NO, ask: “Am I being detained?”
If detained, ask: “What crime am I suspected of committing? What is your reasonable suspicion?”
State: “North Carolina does not have a stop-and-identify law. I am not required to provide identification unless you have reasonable suspicion I’ve committed a crime.”
You may still get arrested for RDO and have to fight it in court
If you choose to show ID to avoid escalation:
Hand over ID silently - this is a valid strategic choice
You’re making a risk assessment, and that’s legitimate
Remember: You may be 100% legally right AND still get arrested. Both approaches are valid depending on your risk tolerance and goals.
YOUR RIGHT TO KNOW WHO’S DETAINING YOU
The Line to Memorize:
“I am requesting your name and badge number. I have the right to identify officers I interact with.”
Your Legal Right
You have the right to know the identity of officers you interact with. This is essential for:
Filing complaints later
Legal proceedings
Accountability
Witness statements
How to Exercise This Right
How to ask:
Say: “What is your name and badge number?”
If they refuse: “I am requesting your name and badge number. I have the right to identify officers I interact with.”
Repeat calmly if needed
What to do with this information:
Write it down immediately if you can
If you can’t write it down, repeat it to yourself multiple times to memorize
Write it down as soon as you’re able
Share with your lawyer or ACLU if filing complaint
If they refuse:
Note their physical description
Note their vehicle number if visible
Note time and location
Note any other identifying information
This refusal itself can be part of a complaint
WHAT TO SAY WHEN BEING ARRESTED
The Line to Memorize:
“I am not resisting. I do not consent to this arrest. I am invoking my right to remain silent and my right to an attorney.”
Why This Exact Language Matters
This single sentence accomplishes four critical legal protections:
“I am not resisting” - Protects you from resisting arrest charges
“I do not consent to this arrest” - Preserves your right to challenge the arrest later
“I am invoking my right to remain silent” - Invokes Fifth Amendment immediately
“I am invoking my right to an attorney” - Invokes Sixth Amendment immediately
How to Exercise This Right
As they’re arresting you:
Say the line clearly and calmly
Do not physically resist in any way
Keep your hands visible
Follow commands about physical positioning
Then stop talking completely
If they’re arresting you for recording: Add: “I was exercising my First Amendment right to record police activity in public under Glik v. Cunniffe. I was not interfering with your duties.”
Then immediately: Say the arrest line and stop talking.
After You Say This Line
The ONLY things you say after arrest:
“I am invoking my right to remain silent”
“I am invoking my right to an attorney”
Your name (when legally required)
“I need to use the bathroom” (if needed)
“I need my medication” (if needed)
That’s it. Nothing else.
Don’t fall for:
“Just tell us your side” - NO
“This will go easier if you cooperate” - NO
“We just need to clear this up” - NO
“Your friend already told us everything” - NO
“We can help you if you help us” - NO
Everything they say is designed to get you talking. Don’t.
HOW TO INVOKE YOUR RIGHTS PROPERLY
The Lines to Memorize:
“I am invoking my Fifth Amendment right to remain silent.” “I am invoking my Sixth Amendment right to an attorney.”
Why You Must Say This OUT LOUD
CRITICAL: Under U.S. Supreme Court rulings, you cannot just stay silent. You must AFFIRMATIVELY state your intention to remain silent. Otherwise, you may be considered to have waived your right, and your silence or subsequent statements can be used against you.
How to Exercise These Rights
Right to Remain Silent:
Say clearly: “I am invoking my Fifth Amendment right to remain silent”
Then actually stop talking
Do not answer any questions
Do not explain why you’re remaining silent
Do not make small talk
Right to Attorney:
Say clearly: “I am invoking my Sixth Amendment right to an attorney”
Add: “I will not answer questions without my lawyer present”
Then stop talking
Do not talk to anyone except your lawyer
Do not sign anything without your lawyer
Miranda Rights - A Tactical Note
If police forget to read you your Miranda rights:
DO NOT remind them or ask them to. Their oversight may help you in court later - statements made without proper Miranda warnings may be inadmissible.
BUT - You must still invoke your rights:
Say out loud: “I am invoking my right to remain silent”
Say out loud: “I am invoking my right to an attorney”
Even without hearing Miranda, you have these rights. Invoke them clearly. Their mistake is your advantage in court.
Officers should tell you:
Right to remain silent
Anything you say can be used against you
Right to an attorney
If you can’t afford attorney, one will be provided
YOUR RIGHT TO REFUSE SEARCHES
The Line to Memorize:
“I do not consent to any searches. If you search me without my consent, it violates my Fourth Amendment rights.”
Your Legal Right
The Fourth Amendment protects you from unreasonable searches and seizures. Police need:
Your consent, OR
Probable cause, OR
A search warrant
Without one of these, searching you is illegal.
How to Exercise This Right
If police ask to search you, your car, or your belongings:
Say clearly: “I do not consent to any searches”
Do not physically resist if they search anyway
Repeat: “I do not consent to this search”
Document or remember what they search
Tell your lawyer immediately - evidence may be suppressed
After refusing consent:
They may search you anyway (if they have probable cause or warrant)
Do NOT physically resist
Your refusal preserves your legal challenge later
Your consent would eliminate your legal challenge
If they have a warrant:
Ask to see it
Read what areas they’re authorized to search
Read what items they’re authorized to search for
They can only search those areas for those items
You still say: “I do not consent, but I will not physically resist”
OTHER IMPORTANT LINES TO KNOW
When Police Tell You to Move or Leave
If you’re on public property and not blocking anything:
“I have the right to be here. I am not blocking traffic or interfering with your duties. Am I being detained or am I free to go?”
If they order you to move back:
“How far back? I will comply with that distance but I will continue to observe and record.”
Then: Actually move to that distance. Don’t argue about whether it’s reasonable. Comply, but document.
If Detained Without Reasonable Suspicion
“What crime am I suspected of committing? Taking photographs is my right under the First Amendment and does not constitute reasonable suspicion of criminal activity.”
This may not prevent arrest, but creates record for court.
WHAT CAN GET YOU ARRESTED AT NC PROTESTS
These are actual NC misdemeanors and crimes that police can charge you with:
Class 2 Misdemeanors:
RDO (Resist/Delay/Obstruct) - Refusing to follow lawful police commands (this is VERY broad)
Disorderly Conduct - Creating threat of imminent violence or using speech to provoke violent response
Obstructing Traffic - Standing in street/highway interfering with traffic flow
Class 3 Misdemeanor:
Trespassing - Entering or remaining on property after being told to leave
Class 1 Misdemeanor:
Property Damage - Damaging real property
Felony Possibilities:
Assault - Can be misdemeanor or felony depending on circumstances
What About Curfews?
Some NC cities have imposed protest curfews in past (Raleigh, Greensboro). Violating curfew = misdemeanor charges or fines.
Permit Violations
Protesting without required permit = possible misdemeanor. However, many protest activities DON’T require permits (see below).
WHAT’S PROTECTED - NO PERMIT NEEDED
You CAN Do These Without Permits:
✓ Assemble on public sidewalks with signs
✓ Distribute leaflets
✓ Counter-protest
✓ Symbolic protest (clothing, music, vigils)
✓ Vehement criticism of government (even profane - as long as no physical threats)
Time, Place, Manner Restrictions
Government CAN impose restrictions IF they are:
Content-neutral (not based on what you’re saying)
Narrowly tailored to serve significant government interest
Leave alternative channels for communication
Example: Requiring permits for street marches (blocks traffic) but not for sidewalk protests
YOUR MESSAGE MATTERS: STRATEGIC COMMUNICATION
You Have the Right. Will It Serve Your Purpose?
You have the constitutional right to use strong language and vehement criticism. But having the right doesn’t mean it’s the smartest strategic choice.
Before you choose your words, ask: What’s my goal?
Change minds? Build coalition? Reach people on the fence?
Family-friendly, direct, truthful messaging opens doors
Graphic language closes doors to people you need
CRITICAL: Avoid Violence Language
Under no circumstances use language that can be interpreted as supporting or inciting violence.
Examples of the problem:
❌ “Fight back!” → Can be seen as invitation to violence
❌ “Burn it down” → Gives police grounds for charges
❌ “By any means necessary” → Scares away allies
❌ “Make them pay” → Used against you in court
What Works Better
Messages that are direct, truthful, and family-friendly:
❌ “F*** the police” → ✅ “Accountability now” / “Badge numbers matter”
❌ “Burn it all down” → ✅ “Rebuild together” / “We deserve better”
❌ “Fight back or die” → ✅ “Defend democracy” / “Stand together”
❌ “Death to insurance companies” → ✅ “Healthcare is a human right”
The Bottom Line
Legally: Yes, you can use profanity and strong criticism (as long as it’s not inciting imminent violence).
Strategically: Will it help you win? Will it build power? Will it change hearts and minds?
Discretion is not weakness. Discretion is strategy.
The most effective movements succeeded not by being the angriest, but by being the smartest about how they expressed that anger.
PRACTICAL SAFETY TIPS
Before You Go
Memorize the scripts from the quick reference card at the top or write them on your arm
Know the protest location - public property vs private property
Check if event has permit or if one is required
Memorize phone numbers (family, lawyer, ACLU hotline)
Have emergency plan if you have children or medications
Don’t bring anything illegal
Consider downloading Mobile Justice NC app
Write key scripts on your arm in permanent marker
At the Protest
DO:
Stay calm and visible to others
Keep hands visible to police
Follow lawful commands from police
Document everything (who, what, when, where)
Write down badge numbers
Stick together with other protesters
DON’T:
Block traffic unless part of permitted march
Trespass on private property
Damage property
Make physical threats or gestures
Resist physically even if you believe arrest is wrong
Carry weapons
Legal Hotlines to Know
ACLU NC Community Defense Hotlines:
Buncombe/WNC (Asheville): 336-543-0353
Charlotte: 704-740-7737
Wake County: 1-800-559-8714
Call these numbers if your rights are violated or you need legal assistance.
THE CONFUSING CONTRADICTIONS
Why This Is Hard to Navigate
The law says one thing, practice is another:
ID Requirements: Legally not required, but police may arrest you for refusing
Recording: Clearly protected right, but police may still try to stop you
RDO Charges: Extremely broad - gives police wide latitude to arrest for “not obeying”
State v. Harper (2022): Shifted NC closer to requiring “verifiable identification” in some circumstances
Strategic Reality:
You may be 100% legally right
AND still get arrested
AND have to fight charges in court
Where you will likely win, but that requires time, stress, money
The Choice Is Yours
Know your legal rights. Make informed decisions about risk.
Some people prioritize:
Documenting violations for court challenges later
Standing on principle even if arrested
Creating legal precedent
Others prioritize:
Avoiding arrest by cooperating beyond legal requirements
Getting home safely that night
Staying available for family/work
Both are valid strategies. Neither is “wrong.” This is personal risk assessment.
The scripts in this document help you either way:
Use them to assert your rights when standing your ground
Know what’s happening when you choose to cooperate
Understand what rights you’re preserving or waiving
KEY SOURCES CONSULTED
Legal Analysis:
UNC School of Government: “Is North Carolina a Stop and Identify State Now?” (Oct 2022)
Multiple NC criminal defense law firms
State v. Harper (Sept 2022) - NC Court of Appeals
Glik v. Cunniffe (2011) - First Circuit Court of Appeals
Organizations:
ACLU of North Carolina
Emancipate NC (successfully defended protest arrest case, July 2025)
Various NC criminal defense attorneys’ analyses
NC Statutes Referenced:
NC GS 20-29 (driver’s license requirements)
NC GS 14-223 (Resisting Public Officer)
NC GS 14-288.4 (Disorderly Conduct)
NC GS 20-171.4 (Obstructing Traffic)
NC GS 14-159.13 (Trespassing)
NC GS 14-127 (Property Damage)
NC Electronic Surveillance Act 15A-286 et seq.
WHAT’S STILL UNCLEAR
These questions don’t have definitive answers:
Exactly when does refusing ID become RDO? - Varies by situation and officer
What counts as “interfering” with police? - Extremely subjective
How far back is “safe distance”? - Officer discretion
When is criticism “disorderly conduct”? - Depends on context and enforcement
This uncertainty is why memorizing these scripts matters - they protect you in the moment while preserving your legal options for later.
This is why having a lawyer ready is critical if you’re planning to protest.
Research compiled January 2026. Laws and interpretations may change. This is educational information, not legal advice. Consult an attorney for your specific situation.