As you go through your final Burning Man checklist, one thing you will definitely want to do is prepare for a possible negative encounter with law enforcement. Realistically, the chance that you will run into legal trouble at Burning Man is pretty remote. However, as I always say, it’s better to know your rights and not need them, than to need your rights and not know them.

Know Your Rights

To start with, any person at any event or festival should have the following three “Fest Law” phrases firmly committed to memory:

“Am I Free to Leave?”

In any encounter with law enforcement, the first thing you should do is to immediately determine if you are free to leave or whether you are a suspect in a crime. Therefore, if an officer starts to question you (things like, "Where’s your camp?" “Whose bag is this?" etc.), firmly and clearly ask the officer if you are free to leave. (You can also use a similar phrase like, “Am I being detained?”)

Remember to stay calm and be polite and respectful to the officer. However, if you are not free to go, realize you are now a suspect and need to assert your rights. On the other hand, if you are told you are free to leave, then LEAVE.

“I Don’t Consent to Being Searched”

If you ask an officer if you are free to leave and get any answer other than yes, assume you are a suspect in a crime and act accordingly. That means refusing any and all requests for searches.

It’s important to practice this second “Fest Law” phrase and have it ready for immediate use. Law enforcement officers will sometimes just immediately launch into conducting a search to see if you will object. Or they may try to pressure you into giving consent for a search by asking, “If you have nothing to hide, why can’t we search your stuff?”

Don’t fall for these tactics. NEVER give consent to your person or property being searched. Remember, if an officer is asking your permission for a search, it means they don’t think legally they have the right to search you. That’s why they want you to agree to it. Never give up your 4th Amendment Rights. Your answer should always be “NO, I don’t consent.”

“I Am Choosing to Remain Silent. I Want a Lawyer.”

In addition to your right to be free from “unreasonable” searches, you have two other important constitutional rights.

First, you have the absolute right to remain silent. Secondly, you have the right to have a lawyer present when questioned. USE THESE RIGHTS.

Never give a statement to the police. Period. No exceptions. There are a lot of reasons for this, but probably the most important one is simple: Cops have the absolute right to lie to you when they interview you. Also you can sometimes say something that seems innocent at the time that might later come back to haunt you.

As soon as you realize you are being detained (by asking Fest Law phrase #1 above) you will want to invoke your 5th Amendment Rights and your 6th Amendment Rights by stating that you are choosing to remain silent and you want a lawyer.

If you have questions as to how to use these three phrases, I’ve put them into a handy flow chart here.

Photo by: The Festival Lawyer

As I mentioned at the start of this article, these three “Fest Law" phrases are good to know for any festival-goer. However, there a few legal scenarios specific to Burning Man that are worth thinking about ahead of time. Let’s look at those now.

On Your Way Into Burning Man

As Lawyers for Burners points out, driving into Burning Man and driving to your camp are probably the most likely time you will encounter the Bureau of Land Management (BLM):

“In recent years, the BLM has shifted its drug enforcement efforts from patrolling inside the Event to stopping vehicles as they enter the Event. The BLM has used motor vehicle stops as a pretext to search vehicles for drugs. Once your vehicle is stopped, the BLM typically has a drug dog nearby to “sniff” your vehicle and “alert” to the presence of drugs.”

Since this is the most legally risky portion of your entire experience, you should exercise extreme caution. We recently did an “Ask the Festival Lawyer” podcast with specific tips about how to run a “festival gauntlet” like this. In it, we talk about how to avoid being stopped and what you should do if police use a drug dog on your vehicle. You can listen to it here. 

At Your Tent

Always keep your Burning Man home closed when you are not there. If possible, use a lock. Do what you can to block the interior of the tent from outside view. Remember, the more you can make your tent look like a “home,” the greater the chance that a judge will later rule that the police needed a warrant to legally search it.

Remember the magic phrase “I do not consent to a search.” It really applies here. NEVER agree to your tent being searched. In fact, we did an ATFL podcast with tips on how exactly you should respond if the police come to search your tent. You can listen to it here.

While Driving Your Art Car

You may have seen a recent viral article with the headline “The Feds Will Be Drug Testing Drivers at Burning Man.” Personally, I thought the article was a little bit clickbait-y. I think it’s unlikely that the Feds are going to suddenly start stopping everyone driving an art car and testing them to see if they are driving under the influence.

However, just to be on the safe side, I wrote an article about how to handle yourself should this threat actually materialize this year.

On the Playa

There will be undercover police officers in Black Rock City. Remember, it is a legal urban myth that cops need to tell you that they are a cop if you ask them. It is also equally dumb to think that you somehow can “tell” who is a cop and who is not. Cops can and do dress up as if they are attending the event.

The experience of being arrested is terrifying and humiliating. Do you really want to add to that humiliation by being arrested by someone wearing fairy wings or dressed up like a unicorn? Therefore, never give drugs or take drugs from a stranger. Period.

Also, if anyone randomly asks you about drugs, remember: You don’t know about drugs, you don’t have drugs, you don’t use drugs and you certainly never supply drugs.

At Your Camp

If your camp is running a bar, verify the ID of any individuals that you are serving. Even if you don’t have a bar, don’t give alcohol to anyone without asking for an ID to verify their age.

Most importantly, take a minute to make sure that that EVERYONE in your camp knows their rights and knows what to do if you get a visit from law enforcement. Law enforcement can ask the other people in your camp for permission to search. Therefore, it is really important that you all be on the same page. Anyone in your group should know the three “Fest Law” phrases and know not to consent to a search of anyone else’s tent or property.

And finally, as always, be safe and have fun!

Disclaimer: Although The Festival Lawyer is a lawyer, he is not YOUR lawyer. The ATFL column gives general information about legal topics, NOT legal advice. The law is complex, varies a great deal from state to state, and each factual situation is different. Also, “The Festival Lawyer” is a fictional character. Think of The Festival Lawyer more like a legal spirit guide, encouraging you to educate and inform yourself.