Abortion Supporters and Helpers
As politicians and prosecutors criminalize essential reproductive care, anyone helping someone access abortion services could face threats of investigation, arrest, or prosecution.
It's critical to know your rights when interacting with law enforcement.
1. You Have the Right to Remain Silent
You do not have to answer questions from law enforcement.
You cannot be punished for refusing to answer.
Always speak to a lawyer before agreeing to any interview or providing information.
Anything you say could be used against you — or the person you are helping — in a criminal proceeding.
2. How to Get a Lawyer
If contacted by law enforcement about abortion support activities, reach out to:
ACLU’s Abortion Criminal Defense Initiative: aclu.org/acdi
They can help you quickly find criminal defense representation.
3. What to Say if Questioned
Respond clearly:
"I want to speak to my attorney before answering any questions."
"I will not be answering any questions without speaking to my attorney."
Ask for the officer’s name, agency, and phone number, and share that information only with your lawyer.
Avoid texting, emailing, or posting about the situation, as anything you say to others could be used against you.
4. If You Are Pulled Over While Transporting Someone for Reproductive Care
Pull over safely and promptly.
Turn off your car, turn on the inside lights, and place your hands visibly on the steering wheel (or dashboard if a passenger).
Show your license, registration, and proof of insurance if requested.
Drivers and passengers have the right to remain silent.
Passengers can ask if they are free to leave — and leave silently if permitted.
5. Can Law Enforcement Search Your Phone?
No. Police need a court-issued warrant or a valid exception to search or seize your phone.
You do not have to provide your phone passcode unless a court orders you to do so — and even then, there may be legal options to challenge it.
Always consult a lawyer before handing over any device or information.
6. If You Receive a Subpoena
Contact your attorney immediately.
A lawyer may be able to challenge (quash) or narrow the subpoena.
Even if you must produce documents or testify, your lawyer can help you assert your rights, including the right against self-incrimination and patient or client confidentiality.
Need Legal Help?
ACLU’s Abortion Criminal Defense Initiative
aclu.org/acdiAbortion Defense Network
abortiondefensenetwork.org
This information is based on guidance from the ACLU’s Know Your Rights Initiative. It is for educational purposes only and is not a substitute for legal advice.
