Do you know your rights? Discussing how to act during police encounters

Posted

Lawyer Uchenna Emeagwali instructed Malverne and Lakeview youth the proper way to act if they are stopped by police officers, cautioning them that they can’t talk their way out of trouble.

Emeagwali, a supervising attorney with The Legal Aid Society’s Criminal Defense Office, led a “Know Your Rights” discussion for the youngsters and their families on Jan. 26 in the Community Room at Harold Walker Memorial Park. He explained how the legal system works and how to respond when interacting with law enforcement.

“I’m always talking with my sons about the subject,” Emeagwali, whose work is mostly focused in his native Queens, said during the workshop. “And I realized a lot of people don’t really know what to do when they’re interacting with the police.”

The workshop, which Emeagwali organized after seeing expressed interest from the community, involved role-playing as a mode of working though hypothetical interactions with police. Emeagwali, who lives in Malverne, coached attendees in the correct ways to react in different situations based on his legal expertise and experience.

“If our kids ever do get stopped by the police, they should know how to respond,” he added.

Throughout the workshop, Emeagwali emphasized that whenever anyone interacts with police — whether during an arrest or stopped for questioning — they should request to speak with a lawyer. This protects defendants by guaranteeing their right to an attorney at every stage of a criminal proceeding. Attorneys can protect the client, ensuring their rights are upheld throughout the legal process, he said.

He also told the middle-school age crowd attending the workshop that, as minors, police are not allowed to speak to them without a parent present. While parents are important, according to Emeagwali, a lawyer should be a priority because police officers in New York are allowed to use the Reid technique, an interrogation method employed to create high-pressure situations to extract information from suspects or trick them into confessing.

Other methods of coercing a confession from suspects include placing them in isolation, sleep deprivation, or withholding food and water, among other tactics, he said.

“A lot of people don’t think that innocent people would confess to something they didn’t do,” Emeagwali said. “You’ll be surprised how many people confess to stuff they didn’t do.”

Though officers could use some rather deceitful tactics, Emeagwali told the young crowd that they should be as truthful as possible.

“You cannot lie to the police,” he said, adding that it could result in a misdemeanor charge carrying with it a penalty of up to one year in jail. “But, you don’t have to answer their questions.”

Emeagwali advised those in attendance to never consent to be searched or to agree to a search of their belongings, including their car or home. He suggested that if an officer does ask to conduct a search, they should calmly state that they do not consent, adding that they should never physically resist because officers carry weapons and have the ability to arrest them for not cooperating.

In addition, the lawyer explained that officers could not access a suspect’s phone unless provided with a code or entry, allowing them access to the device.

Emeagwali stressed that even when a person is not guilty, they should never volunteer their DNA as evidence to clear themselves as suspects. He explained that many law enforcement operations share their resources, including their DNA databases. The DNA may be entered into a database or used in way that the suspect did not consent to.

That’s why Emeagwali suggested that suspects should not accept water, food or cigarettes offered during an interrogation, because DNA could be lifted from those surfaces.

“It’s important to be mindful and protect yourself, because you don’t know what they’re doing with your information,” he said.

While Emeagwali stressed that he knows the students in attendance are scholars and honors students, officers don’t. Many will see race before seeing their age and personality. He referred to the many studies that have been conducted concluding that Black youth are more likely to be perceived as older than they actually are.

“Get them to recognize your humanity,” Emeagwali said, encouraging those in attendance not to be afraid of calling out for mommy and daddy, even if it may not seem cool.

“At the end of the day, your job is to come home safe to your family,” he said.