Dakota’s Guide to Your Rights
A Complete Guide for Arrests & Topless Laws in the US
🚨 If You’re Stopped by Police – Know Your Rights
Click here for crucial information and scripts for what to say and do.
US Topless Laws by State
What to Do If Arrested
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After an Arrest: The First 48 Hours
- Contact a Lawyer Immediately: Do not speak to anyone about your case until you have legal representation.
- Arrange Bail: Work with family, friends, or a bail bondsman. Your lawyer can assist with a bail hearing to potentially lower the amount.
- Document Everything: As soon as you can, write down every detail you remember: officer names, badge numbers, patrol car numbers, what was said, who was present, and the sequence of events.
- Preserve Evidence: Take photos of any injuries. Keep clothing unwashed. Save any papers you were given.
- Stay off Social Media: Do not post anything about your arrest or the case. Prosecutors will use it against you.
Navigating the Court System
- Arraignment: This is your first court appearance where you will be formally charged and will enter a plea (almost always “Not Guilty”).
- Listen to Your Lawyer: Your attorney is your guide. Follow their advice on how to dress, act, and what to say in court.
- Be Professional: Always be on time, dress conservatively (business casual), and be respectful to the judge and all court staff. Address the judge as “Your Honor.”
- Plea Bargains: Most cases end in a plea bargain. Your lawyer will negotiate with the prosecutor and advise you on whether to accept a deal.
- Understand the Process: A case can involve many stages: motions, discovery, hearings, and potentially a trial. Be patient; the legal system is slow.
Suing for Civil Rights Violations (Section 1983)
- What It Is: A “Section 1983” lawsuit is a federal claim against government actors (like police) for violating your constitutional rights (e.g., false arrest, excessive force).
- High Burden of Proof: These cases are extremely difficult to win. You must prove the police acted intentionally or recklessly to violate a clearly established right.
- Qualified Immunity: This is a legal doctrine that shields officers from liability unless their conduct violates a right that was “clearly established” in law. It is a major hurdle.
- Find a Specialist: You need a dedicated Civil Rights Attorney. Most work on contingency, meaning they only get paid if you win.
- Preserve Your Claim: The best thing you can do is meticulously document everything from the moment of the arrest. This documentation is the foundation of any potential lawsuit.
🚨 General Rights: If You Are Stopped or Arrested
This is your script. Memorize it. Stay calm. Repeat as necessary.
✅ DO:
- Stay calm and polite.
- Keep your hands visible.
- Provide your name and ID if required by state law.
- Clearly state the scripts below.
- Ask “Am I being detained?” or “Am I free to go?”
- If arrested, say nothing else.
- Remember and write down all details later.
❌ DON’T:
- Don’t argue or get angry.
- Don’t run or resist, even if the arrest is unlawful.
- Don’t consent to any searches.
- Don’t answer any other questions.
- Don’t lie or tell a “story.”
- Don’t sign anything.
- Don’t unlock your phone.
The 4 Magic Sentences to Memorize:
1. “Officer, I am exercising my right to remain silent.”
2. “I do not consent to any searches.”
3. “Am I free to go?”
4. “I want a lawyer.” (Use this if you are arrested)
Specific Script: If Stopped While Topless
If in a LEGAL or PROTECTED state:
“Officer, I understand your concern. However, female toplessness is legal in [State Name] under state law / the 10th Circuit ruling. I am not violating any laws. Am I free to go?”
If in an AMBIGUOUS state:
“Officer, the law in this state requires lewd intent for a violation, which is not present here. I am exercising my constitutional rights and my right to remain silent. Am I being detained?”
⚠️ Your Physical Safety Comes First
Do not physically resist an arrest. Comply with commands to avoid injury. You can fight an unlawful arrest in court later, but you can’t fight it on the street.