LAW ENFORCEMENT AT BURNING MAN
Law Enforcement Feedback Forms
The Burning Man Project wants to know about your significant interactions with the law
enforcement agencies that work at our event. You can fill out a Law Enforcement Feedback Form at our Black Rock Ranger headquarters in Center Camp. We are interested in gathering positive feedback, as well as identifying any areas of concern. What's most important is same-day feedback, that will be discussed with law enforcement on playa in a timely fashion. Be sure to obtain as much information as you
can for the Feedback Form including the officer's name, agency, vehicle license plate number, etc.
What law enforcement agencies patrol the event?
The law enforcement officers you may encounter in Black Rock City wear various uniforms. A very few are undercover and do not wear uniforms. The following agencies will be present during our event:
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Federal Bureau of Land Management Rangers
Pershing County Sheriff's Office and law enforcement personnel from other counties under contract with Pershing County
Washoe County Sheriff's Office
Nevada Department of Investigations
Nevada State Health Division
The Nevada State Health Division is genuinely concerned about the health of our citizens and prevention of food-borne epidemics. Please cooperate with their lawful inspections of all public food preparation sites at our event.
Federal BLM Rangers patrol both our city and the Black Rock Desert.
Law enforcement personnel associated with Pershing County patrol Black Rock City.
Law enforcement officers from Washoe County primarily patrol the nearby town of Gerlach. It is not the mission of these agencies to police your lifestyle or inhibit self-expression. They fulfill the same function as the police in any city. In the past, they have conducted search and rescue missions and assisted us in evictions. It is also their duty to respond to any infraction of the law that is brought to their attention.
Members of our own volunteer organization, the Black Rock Rangers, wear khaki-colored attire. An insignia that features the Burning Man logo identifies our Rangers and their vehicles. They do not represent a law enforcement agency and do not directly deal with violations of the law, apart from infractions of the public rules of Black Rock City. They are a non-confrontational mediating entity devoted to public safety and the quality of participant experience. They are members of our community. You should feel free to request assistance from them at any time.
The Black Rock City Emergency Services department wears yellow uniforms that have "Emergency Services" printed on them and feature the Burning Man logo on their uniforms and vehicles. They provide Black Rock City with fire fighting, emergency medical, and mental health services. They do not represent law enforcement or any outside agencies.
What is illegal? What are the consequences?
Even though Black Rock City is in a remote environment, numerous Federal, State, and Local Laws apply. The following are just some of the laws you should be aware of:
Serving alcohol to minors is a violation of the law. It is a misdemeanor in Nevada to give alcoholic beverages to any person under the age of 21 in a public place. Although Burning Man has some characteristics of a private event, please don't forget that with respect to public safety laws, most of Black Rock City is considered public space. For example, if your theme camp has a "bar" open to participants where alcoholic drinks are gifted then it is considered a public space in the eyes of the law. Therefore, it is the responsibility of the person serving alcohol to check IDs and ensure that everyone in the immediate vicinity is at least 21 years old.
It is illegal for minors to consume or possess alcoholic beverages, as well as loiter where alcoholic beverages are being served. Pershing County prohibits minors from consuming alcohol. Also, it is a misdemeanor for anyone under 21 years old to pass him or herself off as being of age. Be aware that undercover law enforcement officers will be policing the areas of Black Rock City where alcoholic beverages are being served. Please do your part to keep our under-aged participants safe and lawful!
The use and possession of illegal drugs and possession of such drugs with intent to distribute are violations of the law. Depending on the particular offence and the citing agency, the possession of marijuana may represent either a misdemeanor or a felony. Under federal law possession of small quantities of marijuana for personal use is a misdemeanor. This can result in the issuance of a ticket that imposes a $250 fine. Nevada has very strict drug laws. Any possession of marijuana is a misdemeanor, with a bail of $250 to $650, a fine of $600 and possible drug treatment. Possession of any other illegal drug is a felony offence with a bail in state court of $1,500 or a misdemeanor with a fine of $250. The possession of any illegal drug with intent to distribute is a more serious felony offence in all jurisdictions. The possession of large quantities or a variety of drugs may be interpreted as evidence of intent to distribute. Furthermore, the act of distribution is not confined to the sale of such substances. It can mean any form of distribution including gifts. Giving a gift of an illegal substance, even a very small amount, is viewed as a form of distribution. The offence of distribution involves incarceration. State laws impose bails ranging between $5,000 and $250,000. The nearest courts are located in either Reno or Lovelock, depending on the crime and law enforcement agency.
Possession of drug paraphernalia is a violation of the law. This is a misdemeanor in the State of Nevada. Possession of drug paraphernalia is punishable by up to six months in jail and a fine up to $1,000. There are undercover officers in Black Rock City. Giving illegal substances to someone else could rise to the level of drug trafficking. Legal considerations aside, if someone is begging for a gift, then he or she is not in tune with the gifting spirit of Burning Man. Gifts are best when given gratuitously; not when asked for.
Driving under the influence is a crime in Nevada. The state's blood alcohol limit (BAC) is .08 for drivers 21 years of age and older, and 0.02 for drivers under 21. Note that the BAC is only a guide. Drivers can be arrested and convicted for DUI with a lower BAC, or for driving under the influence of controlled or prohibited substances. Be aware that you cannot refuse a test. By driving in Nevada you automatically consent to breath or blood testing. Refusing a test is grounds for arrest. Typical penalties for a first DUI offense are as follows:
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Arrest
Vehicle Impoundment
Two days to six months in jail or community service
Fine of $400 to $1,000
Chemical Test Fee: $60
DUI School or Substance Abuse Treatment
Victim Impact Panel
Possible Driver's License revocation
Increased car insurance premiums
Penalties increase with subsequent offenses. More information can be found at www.dmvnv.com/sitemap.htm.
Any act of assault or theft is a violation of the law, and may be cited as a felony federal offence. You may be charged in court and face prison time.
The discharge of unauthorized fireworks is a violation of the law. This is a violation of federal, state and county laws. It is a misdemeanor and may result in a federal fine of $50. Pershing County regulations, especially in the case of unauthorized fireworks that pose a direct threat to public safety, impose a fine of $615. Participants who wish to create pyrotechnic art should contact pyro (at) burningman (dot) com in advance of the event.
Non-permitted burning is a violation of the law. Fires that occur directly on the surface of the playa violate the rules of Black Rock City. This particular rule is a part of our permit stipulations. A violation is a federal misdemeanor and can result in a fine of $50. The burning of any toxic material anywhere is prohibited and can result in a $250 fine. Participants who wish to burn their art should use a public burn pyre or contact installations (at) burningman (dot) com in advance of the event to avoid a BLM fine.
Defecation on the playa is violation of the law. This is a violation of federal regulations. You may be issued a ticket that will cost you $50 or more.
Light your motorized vehicle BLM regulations require that all motorized vehicles have front and rear lights and that includes light-weight motor scooters and go-peds. Wear a headlamp and a blinky light on your back to avoid getting cited.
.You may only come into and out of the event site through the Gate. Closure order infractions are a violation of the law. There is a federal closure zone around BRC to ensure the safety of participants and users of the Black Rock Desert. Our permit issued by the Bureau of Land Management requires the closure. Driving outside of Black Rock City in an area adjacent to its boundaries can result in a ticket issued by the Bureau of Land Management. These violations usually occur when would-be participants try to break through our city boundaries or when people attempt to avoid traffic at the conclusion of the event. PROPER USE OF THE MAIN GATE FOR EXIT PURPOSES WILL BE STRICTLY ENFORCED BY LAW ENFORCEMENT DURING EXODUS ON SUNDAY AND MONDAY. Ignoring posted speed limits or boundary signs on the playa may result in a moving violation that imposes a $250 fine. Hiking in or through the closure zone is highly discouraged. Those on foot in this area should be prepared to show a ticket stub or risk deportation to the front gate for payment. Using area hot springs during the event will violate BLM closure orders.
Public and Private; Your right to privacy.
Burning Man is a state of mind, and Black Rock City is an extremely interactive environment, ordered by gift giving. Many distinctions between what is private and what is public tend to soften and disappear. However, Black Rock City is also subject to county, state, and federal laws. If you violate these laws you may be subject to arrest or citation. If a law enforcement representative requests to enter your home - your tent or your RV - you do not have to admit them unless they have a warrant signed by a judge. However, with probable cause and in some emergency situations (as when a person is screaming for help inside, when the police are chasing someone, or when an officer witnesses illegal activity occurring within your home) they are allowed to enter and search your domicile without a warrant. Both sight and scent of illegal activity may be held by a court to represent probable cause.
***The more steps you take to make your vehicle or tent private, the more expectation of privacy you will have against an unwarranted search. On the other hand, if your tent has no walls, or your vehicle doors are always open, then your right to privacy is diminished and police may search without a warrant. Illegal behavior conducted in plain sight is subject to acts of law enforcement in Black Rock City. You have the right not to consent to a search if the police officer asks for your permission to search. If you are arrested, the police can search you and the area "close by", which usually means just the room you are in. This does not mean adjacent tents or RV's where there is no evidence of criminal activity.***
How to behave
It is the duty of all law enforcement personnel to enforce the law. Any illegal action witnessed by the police can lead to a citation or your arrest. Therefore, your best protection is to obey the law. However, everyone has a right to courteous, respectful and legally correct treatment by police officers. If you feel you have been mistreated, or have been threatened with consequences if you do not surrender your rights, you should remember the officer's name and badge number and write down everything you can remember about the incident. If you feel your rights have been violated, file a written complaint at Ranger Headquarters in Center Camp as soon after the incident as possible.
On the other hand, you should always remain polite and respectful. Stay calm and control your words, body language and emotions. Never touch a police officer. Do not resist, even if you believe you are innocent, and don't complain at the scene or attempt to rally support from bystanders. Don't tell the police they're wrong or that you're going to file a complaint. Be prepared to exercise your rights, but try also to imagine what occurs from their point of view. Law enforcement is a difficult and dangerous job. It is likely that the police are just as apprehensive as you are. Your actions can allay this anxiety and prevent harmful consequences.
In some cases you may be called upon to assist in a criminal investigation. Participants should cooperate to the best of their ability with law enforcement in such circumstances.
If you are stopped for questioning:
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If the officer asks for your name, you should answer the question truthfully. Failure to identify yourself to a requesting police officer is a crime in Nevada and does not violate your right to remain silent.
Other than providing your name, it's not a crime to refuse to answer questions, although refusing to answer can make the police suspicious of you. It is your constitutional right not to incriminate yourself, but at the same time, law enforcement does have expectations of reasonable cooperation. While you cannot be arrested merely for refusing to supply information, a refusal to do so could cause you to be taken into custody as the suspected crime is investigated.
Police may "pat-down" your clothing if they suspect a concealed weapon. If you do not want to consent to any further search, make this clear.
Ask if you are under arrest. If you are, you have a right to inquire as to what you did that compelled the law enforcement officer to take action.
Don't bad-mouth the police officer or run away. Even if you believe what is happening is unreasonable, this behavior could lead to your arrest.
If a BLM ranger requests your Social Security Number you are required by Federal Law to give it to them or you may be arrested.
If you are a bystander:
If you are witness to an arrest or questioning or present at a crime scene, do not interfere with law enforcement officer or attempt to officer advice to persons being detained.
If you are arrested or taken to a police station:
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You have the right to remain silent and talk to a lawyer before you talk to the police. You may choose to tell the police nothing except for your name, address, and social security number. If you choose to exercise this right then you don't have to give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best. Arrested individuals often feel the need to prove their innocence by speaking to police. You do not have to prove that you are innocent.
Within a reasonable time after your arrest or booking, you have the right to make a local phone call to a lawyer, bail bondsman, a relative or any other person. The police may not listen to a call to the lawyer.
If you can't pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer may be contacted.
About the highways leading to the event:
Representatives of state and county law enforcement, principally the Nevada Highway Patrol, are present on the highways leading to our event. The Pyramid Lake Tribal Police also patrol the area around the town of Nixon. Speed limits are strictly enforced in municipal areas. The open road is also heavily patrolled during our event. It is illegal to park by the side of the road except in turnout areas. It can also be very dangerous to pull over - a large portion of this highway is bordered by soft shoulders. However, should your car break down it is wise to pull over as far as possible to avoid slowing traffic or creating a hazard. You should drive carefully and observe all speed limits.
If the police stop your car, remember the following:
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Upon request, show police officers your driver's license, registration and proof of insurance. In certain cases, your car can be searched without a warrant if the police have probable cause (e.g., if there is contraband visible to the officer). If the officer has probable cause, he or she will inform you that they are going
to do a search. You should not resist. If, however, the officer asks you if you consent to a search, then you have the right to refuse consent. It is not lawful for police to arrest you simply for refusing to consent to a search.
If you're given a ticket, you should sign it; otherwise you can be arrested. You can fight the case in court later.
If you're suspected of alcohol or drug impaired driving (DUI) and refuse to take a blood, urine or breath test, your driver's license will be suspended. In addition, under Nevada law, a forced blood draw process can be undertaken.
Some text provided by the American Civil Liberties Union, visit http://www.aclu.org for more information.
