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Burning Man Legal Survival Guide

While Burning Man can seem like it is removed from the norms of traditional society, burners should be aware that federal, state, and local laws still apply. The best idea is to obey all laws; however, you should know your rights and what to do in the event you are stopped by law enforcement. Law enforcement may stop and question you if there is a reasonable, objective basis that you are or about to engage in criminal activity. Further, the police are allowed to arrest or cite you, if they have probable cause to believe you have committed a crime.

If you are stopped for questioning:

• Be polite and courteous to law enforcement. Don’t complain or argue.

• Don’t run or resist.

• Don’t answer any questions other than you must provide your name. Don’t give a false name as it is s a crime in Nevada.

• You do not have to have an id on you and never allow the police to take you back to your camp to retrieve your id. Police can verify your id through your social security number.

• Never consent to a search of person, camp or possessions. Under normal circumstances, police may pat you down if reasonable suspicion exists that you are armed and dangerous and seize any items that are obviously weapons or plainly illegal. The playa does not necessarily lend itself to such searches.

• Ask if you are under arrest or free to go. If you are given a citation, you are free to go once you receive the citation unless you are arrested. Signing the citation is not admission of guilt; however, if you refuse to sign you could be arrested.

• If you are arrested for any reason, ask for an attorney immediately and do not make any statements until you have spoken with your attorney.

• Don’t volunteer information that could incriminate you.

The biggest mistake most people make is trying to talk their way out of the situation on the playa. Remember your rights generally will be determined by a court of law. While the prospect of arrest can seem frightening, anything you say to law enforcement can be used against you in court. Don’t forfeit your rights if the police threaten you or tell you they will take it easy if you cooperate or hand over contraband.

For more information, burners should read the 2008 Survival Guide located at lawyersforburners.com.

By Eric A. Pulver, Esq. and K. Beth Luna, Esq. with Logar Pulver. This article does not provide legal advice. The information provided is general. Always consult with a lawyer if you need specific legal advice regarding questions or issues you may have.