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State v. Taylor7/29/2003
INTRODUCTION
Leon Taylor was convicted by a jury of operating a motor vehicle to avoid arrest pursuant to Neb. Rev. Stat. § 28-905 (Reissue 1995), a Class IV felony. The district court for Dakota County, Nebraska, also found Taylor to be a habitual criminal pursuant to Neb. Rev. Stat. § 29-2221 (Reissue 1995). For the reasons set forth herein, we affirm.
BACKGROUND
Matthew Hattermann, a police officer for the city of South Sioux City, Nebraska, was on duty the evening of October 30, 2001, and was en route to meet another police officer to work an arrest warrant. While driving his marked police cruiser, Hattermann observed a vehicle with Montana license plates stopped in front of him at a red traffic light. Hattermann described the vehicle as a "newer model" red (later identified as maroon) two-door Chrysler Sebring convertible with a tan top. Hattermann testified that because " e don't see a lot of far away state plates on newer model vehicles" and because of the possibility that the vehicle might be stolen, Hattermann requested a license plate check on the vehicle. The stoplight turned green, and the Chrysler Sebring turned and proceeded southbound on the highway bypass. Hattermann continued on in another direction to meet an Officer Cleveland, since Hattermann had not received an immediate response from the police communications department regarding the license plate check. After Hattermann met up with Cleveland, Hattermann was informed by the police communications department that the vehicle was a 2001 maroon Chrysler Sebring convertible that was possibly stolen out of Missoula, Montana, and that the police communications department was going to confirm the information with the Missoula Police Department. Hattermann notified Cleveland of the situation, and both officers proceeded to the bypass to locate the vehicle. Shortly thereafter, the officers spotted the vehicle, confirmed that it was the vehicle Hattermann had seen at the stoplight, and also received confirmation that the vehicle was in fact stolen. Hattermann then made contact with his superior officer and coordinated a "felony stop," which was described as a traffic stop that involves at least two to three officers. Hattermann further described that when a felony stop is made, the officers line up their police cruisers around the subject being stopped, draw their weapons, order the subject out of the vehicle, and take the subject into custody. Hattermann testified that the reason for making a felony stop in this situation was based on the facts that it is a felony to have possession of a stolen motor vehicle; that there are dangers involved with stolen motor vehicles; and that it is a safety issue for the police officers, the suspect, and the public.
Before initiating the felony stop, Hattermann positioned his police cruiser directly behind the Chrysler Sebring, with Cleveland in his police cruiser following behind Hattermann. Hattermann initiated the felony stop by turning on the overhead emergency lights and siren on his police cruiser (as did Cleveland), which then turned on the video camera in Hattermann's police cruiser. The videotape made of the events that evening was received into evidence, which videotape depicts Hattermann's attempt to stop the vehicle. The driver of the vehicle refused to stop, accelerating his speed to approximately 80 to 85 miles per hour in a 50-mile-per-hour zone. Hattermann's pursuit of the vehicle eventually ended with the disregard of a four-way stop sign at an intersection by the driver of the Chrysler Sebring, which resulted in a collision with another vehicle that spun both cars out of control. The police cruisers were not involved in the accident.
Immed
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