Unfortunately, we live in a time when process is used as punishment. Thus, I'd just be extra careful, so as to avoid such maneuvers by the state or to have clear recourse if they use prosecution as a pretext to violate civil rights.

What I've discovered fighting the state on numerous occasions is that courts tend to back the state, however ridiculous. The seminal cases on civil rights cases are generally the exception to this rule. They are very rare, and take a lot of process to be rendered.