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State v. Forehand

Trial court erred in dismissing defendant's indictment on charges resulting from a traffic stop, since the arresting officer had authority to stop defendant for violating a temporary informal city curfew during an undisputed state of emergency.

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After an altercation with a deputy sheriff, Dwayne Forehand was indicted for felony and misdemeanor obstruction of a law enforcement officer and simple battery. The court granted Forehand’s motion to suppress a videotape which captured part of the altercation. And, after granting Forehand’s motion to suppress the traffic stop which initiated the encounter, the trial court dismissed the indictment. The State appeals the grant of both motions and the dismissal of the indictment. We reverse the suppression of the videotape because we find that the stop was not invalid and that the probative value of the videotape is not substantially outweighed by a danger of unfair prejudice to Forehand. We reverse the suppression of the stop and the dismissal of the indictment because we find that the stop was not invalidated by lack of formal enactment of a curfew or by selective enforcement of the curfew.

On April 15, 1999, a tornado struck the town of Vienna, in Dooly County, causing extensive damage. David Musselwhite, the Chief of Police, testified at a suppression hearing that in the days following the tornado the Vienna City Council enacted a resolution which gave the local police the authority to take action to protect the public safety. According to Musselwhite, the City Council placed him in charge of directing emergency affairs for the town, and adopted a resolution with his suggestion of a curfew from 7:00 p.m. to 7:00 a.m. for Vienna. To Musselwhite’s knowledge, the curfew was not reduced to writing.

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