COUNCIL WEIGHS ARREST CHANGE

Those who resist detention by police may be violating a city law soon, depending on a Cape Girardeau City Council vote tonight.

An amendment that would make it illegal to resist or interfere with a lawful detention or lawful stop made it through the first round of council approval. It is up for a final vote.

Currently, it is a violation of city code when someone resists arrest, but not when he runs from a police officer who wants merely to detain a person for questioning. The state of Missouri made resisting detention illegal in August, and Capt. Steve Strong, Cape Girardeau's interim police chief, wants the local law to mirror the state statute.

As the number of contacts between police and citizens increases, so does the number of citizens who flee police, Strong said.

He said that two weeks ago, his department received a call about a suspicious vehicle. When an officer responded, he discovered a car sitting in an alley with its engine running and lights off. As the officer got closer, a group of people jumped in the car and drove away.

The people weren't necessarily doing anything wrong, but they were guilty of resisting lawful detention. The officer should have been able to question them.

Strong said bringing the city law in line with the state statute will allow such cases to be prosecuted in municipal court. With circuit court already processing a large number of cases, it is better for simple ones to be tried in Cape Girardeau Municipal Court, he said. It also is more convenient for officers to testify in the nearby courtroom.

"With the volume of cases going through the prosecuting attorney's office, we like to send over only the more serious ones," Strong said.

Under new ordinances, the council will be asked to give first-round approval to a change in the city's fireworks law.

The amendment is a scaled-down version of one requested by Councilman Melvin Gateley.

As the law stands, fireworks enthusiasts may use fireworks from 8 a.m.-10 p.m. June 20-July 3 of each year and from 8 a.m.-midnight on July 4. At the Oct. 7 council meeting, Gateley asked to shorten the number of days fireworks could be used and forbid shooting them off before 10 a.m. each day. He also moved to ban bottle rockets from the city.

The proposal shortening the number of days fireworks could be used was defeated narrowly, and Gateley was the only councilmen to vote in favor of the bottle rockets ban.

The law being considered tonight only would change the times fireworks could be used, forbidding them before 10 a.m. each day.

Strong said he didn't know if the change would affect the number of fireworks complaints called in to local police.

"It may have a marked effect on the people who are being bothered," he said, "but most people already were aware the ordinance allowed them to be shot off at 8 a.m. and didn't call us."