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The Citizen’s Liaison Committee (CLC) in Winslow held a paneled forum last week entitled, “Know Your Rights.” The group is designed to further communication between the Winslow Police Department and the residents of the city.
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On the panel were Winslow Police Chief Dan Brown, Deputy County Attorney Michael Shumway, NAACP (National Association for the Advancement of Colored People) Vice President Kerwin Lawrence and former educator Dr. Lula Stago.
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Ben Sandoval, a member of the CLC, opened the discussion. “Many citizens who come into contact with any form of law enforcement or the criminal justice system are unaware of their rights or the rights of others. In fact, law enforcement and the criminal justice system can be opaque, overwhelming, intimidating and confusing for those of us who do not work within it every day. It is important to know what rights you have in order to protect them.”
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Each panel member gave a brief introduction, beginning with Chief Brown. “I think this is an important topic because a lot of people don’t know what their rights are when dealing with law enforcement or what to expect. I can tell you that our policies and procedures are in keeping with procedures based on supreme court rulings and other legislation that impact policing.”
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Shumway continued, “I am a Deputy Navajo County Attorney. What I do in my job is deal with matters of post-conviction relief. After an appeal has been exhausted and someone has been convicted of a crime is attempting to have that conviction set aside. I also handle Winslow Justice Court and deal with misdemeanors in town. That means shoplifting, simple assault, DUI and that sort of thing.”
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The Winslow Chapter of the NAACP was represented on the panel by their vice president, Kerwin Lawrence. Lawrence said, “The NAACP does not limit itself to civil rights issues of black people. It is for all people. The name says people of color, but everyone has a color. Our goal is not to be troublemakers except to make sure that the trouble we are causing is to advance the benefits that everyone should be able to have equal access to versus causing trouble for the sake of causing trouble.”
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Dr. Stago was also on the panel. “I am a member of the Winslow Dine’ residents and the Little Colorado Community Development Corporation. I’m here to give information on what we do and how we do things and how we can help our community.”
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The forum was dedicated to answering questions from audience members on the topic of rights. The questions were asked anonymously through the CLC spokesman, Sandoval.
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“Do victims have the right to know the status of an investigation?” asked Sandoval.
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Brown replied, “Navajo County has victim’s rights advocates that can see a person through a case. They guide the victim through the process. As far as law enforcement goes, on every call that we go to where there is a victim, we hand them a victim’s rights pamphlet and a form they can fill out. It is a standardized form with a list of resources for the victim.”
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Shumway added, “Victim’s rights have actually been codified in the Arizona Constitution and it is called the Victim’s Bill of Rights. There are 12 enumerated rights that you can find easily online. The biggest ones are the ones that keep victims informed. If it is an ongoing investigation, you may not be able to get all of the information. However, you have the right, as a victim, to be present for any court proceeding where the defendant is present. You can be there, and you have a right to be heard. You also have the right to consult with the prosecutor on your case and if a plea offer is made, you have the right to give your opinion on that offer. You have the right to be consulted about the plea deal and to speak to the judge. Our victim’s rights advocates are in our court every day. If you are unable to or are not comfortable making a statement to the judge, they will do that for you. They will read a prepared statement or speak on your behalf.”
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Sandoval followed with another question. “Does the victim have a right to know whether the perpetrator has been released from custody?”
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Shumway answered, “Yes. That is one of the enumerated rights. Victims do have the responsibility to keep a valid address on file, so that they may be notified. But yes, they do have the right to know about release and custody status.”
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The forum addressed rights of those who have contact with law enforcement in other ways as well. Brown was asked to explain the best way to follow protocol when being stopped by an officer in a traffic violation.
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“Let me start by telling you that officers have one goal in mind every day. That is to make it home at the end of their shift. With that in mind, safety always comes first. Assume that the officer does not know you. In Winslow, it feels like everyone knows everyone, but assume they don’t. Number one, indicate your intention to pull over to the right of the roadway. If it’s dark, turn on your interior lights so officers can see what is going on inside the car. Do not immediately start digging through your glove box for your information. Put your hands on the steering wheel. You may know what’s in there, the officer does not. Tell the officer what you are doing, if you need to reach to your back pocket to get your license, let them know. Move in a manor where they can see your hands. Officers deal with the unknown day in and day out and more officers are shot during routine traffic stops than in any other situation.”
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Shumway added, “You are required by law after being stopped to provide the officer with your identification, your proof of insurance and registration. You don’t have to do anything else though. If an officer asked if you know why you were pulled over, you do not have to tell them. That is an admission, and they will use that against you. I say, “I prefer not to discuss the details of my day.” Apart from what you must give them to let them do their job, you do not have to engage in any other conversation with them. Also, I would say that 100 percent of the time, if an officer asks if they can search your vehicle, the answer is no. You do not have to consent to that. They have to have a warrant and probable cause to search your vehicle. The constitution tells me that I don’t have to let them in to my vehicle.”
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Resources on knowing your rights, whether as a victim or as someone who has had negative contact with law enforcement are available. Lawrence said, “The NAACP has an ability to impact change on various levels. But what they are not is a legal advice organization. What we do is take in information about experiences you may have had where you feel you were mistreated in terms of interaction with law enforcement or you may have been discriminated against. If we find, based on what you have provided that you have been, we reach out to those entities and work with them within their process to make sure the person with the complaint is heard and the issue is resolved.”
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The NAACP meets at 5 p.m. on the fourth Sunday of each month at the Winslow Fire Department located at 215 N. Taylor Ave. Lawrence added, “We welcome everyone and please contact us if you have had issues of discrimination.”
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The Navajo Nation Human Rights Commission is also a resource in the event rights have been violated or mistreatment has occurred. They can be contacted online at www.nnhrc.navajo-nsn.gov.
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