Federal Forces and national Guard being sent to Memphis

What is the Kendrick Consent Decree?
The Kendrick Consent Decree originated from a 1978 federal lawsuit (Kendrick v. Chandler) that challenged the Memphis Police Department's extensive surveillance program targeting civil rights activists, union organizers, and political groups. The decree was the first of its kind in the nation and remains one of the strongest protections against police surveillance of First Amendment activities.
Your Rights Under the Kendrick Consent Decree
It is important to recognize that your safety matters. At times, staying safe may mean obeying any direct commands, even if you feel you are being treated unfairly or illegally.

Political Intelligence Protections

• Police cannot collect information about your political beliefs, opinions, or associations without a legitimate law enforcement purpose related to criminal activity
• Your protest plans, social media posts about political issues, and lawful demonstrations are protected from police intelligence gathering
• Police cannot create files or databases tracking your First Amendment activities unless connected to a specific criminal investigation

Surveillance Restrictions

• Police cannot use informants to gather information about your political activities or lawful associations
• Officers cannot infiltrate or pose as members of groups exercising First Amendment rights for intelligence purposes
• Police cannot photograph you or record license plates at lawful meetings, protests, or demonstrations for the purpose of maintaining records or intimidating participants

Information Sharing Limitations

• Police cannot share your personal information collected during investigations with other agencies (including the National Guard) unless both agencies are conducting legitimate criminal investigations
• Memphis police cannot receive First Amendment-related intelligence from other agencies without a proper law enforcement purpose
• The decree prohibits cooperation with other agencies to conduct activities that would violate your rights

Protection from Harassment

• Police cannot take actions designed to disrupt, discredit, or harass you for exercising your constitutional rights
• Intimidation tactics aimed at chilling your First Amendment rights are explicitly prohibited
• You have the right to participate in lawful protests and demonstrations without fear of retaliation or surveillance

Criminal Investigation Requirements
If police believe a criminal investigation might interfere with First Amendment rights, special protections apply:

• The Police Director must personally authorize any investigation that risks collecting information about constitutional activities
• Authorization is limited to 90 days and requires written justification
• Police must use the least intrusive methods possible and take every precaution to minimize interference with your rights
• The investigation must be unavoidably necessary and not violate the consent decree.

• You have the right to remain silent. If you wish to exercise that right, say so out loud.
• You have the right to refuse to consent to a search of yourself, your car or your home. Do not obstruct if the officer continues to conduct the search anyway. Clearly say: "I do not consent to a search."
• Ask if you are free to go. If the police say you are not being detained, you have the right to calmly leave.
• You have the right to a lawyer if you are arrested. Ask for one immediately.
• Regardless of your immigration or citizenship status, you have constitutional rights.

We recommend that you:

• Keep your hands where law enforcement can see them
• Do not run away
• Do not lie to law enforcement

• You have the right to remain silent. You do not have to answer questions about where you were born, whether you're a U.S. citizen, or how you entered the country.
• Do not lie about your citizenship status, your name, or provide false documents.
• If you're not a U.S. citizen and have valid immigration documents, you should show them only if an immigration agent requests them.

Governor Bill Lee has indicated willingness to deploy Tennessee National Guard troops to Memphis in coordination with federal forces. According to Tennessee law, the National Guard members will not have full law enforcement powers unless Governor Lee declares a state of emergency in Memphis and Shelby County.
Important: Tennessee's PEACE Act (2025)
Tennessee recently passed the PEACE Act, which expands police powers in ways that may affect your interactions with law enforcement during this deployment. Key provisions include:

Stop and Identify Requirements:

• Police can stop you and request identification if they have reasonable suspicion a crime has been or is about to be committed
• You are NOT required to carry physical ID - failure to produce ID is not a crime
• You have the right to remain silent when asked to identify yourself - there is no criminal penalty for staying silent
• It is only a crime (Class C misdemeanor) to intentionally provide a false name to an officer who has lawfully detained or arrested you

25-Foot “Halo” Law:

• Police conducting traffic stops, criminal investigations, or addressing immediate public safety threats can order people to stay at least 25 feet away
  • This does not automatically apply - officers must give a specific order to stop or retreat
• Violations are Class B misdemeanors
• Your right to observe and record police remains protected - but officers may use this law to restrict how close you can get
• The only valid defense is if the officer's order could not be properly received or understood

Enhanced Arrest Powers:

• Officers can now arrest for any misdemeanor based on probable cause, even if they didn't witness the crime
• This expands police authority beyond previous requirements

Other Restrictions:

• Littering or trespassing “with intent to intimidate” someone exercising their rights is now criminalized
• Transporting people in box trucks on public roads is prohibited
• Placing unauthorized signs on highways, bridges, or overpasses is a Class B misdemeanor

For immediate legal assistance or to report violations of your rights, contact:

• ACLU of Tennessee Legal Intake Form
• Memphis legal aid organizations
• Tennessee immigrant rights organizations