Crime-ridden Ark. town widens 24-hour curfew

updated 6:22 a.m. ET Aug. 13, 2008

HELENA-WEST HELENA, Ark. - Officers armed with military rifles have been stopping and questioning passers-by in a U.S. neighborhood plagued by violence that's been under a 24-hour curfew for a week.

On Tuesday, the Helena-West Helena City Council voted 9-0 to allow police to expand that program into any area of the city, despite a warning from a lawyer with the American Civil Liberties Union of Arkansas that the police stops were unconstitutional.

Police Chief Fred Fielder said the patrols have netted 32 arrests since they began last week in a 10-block neighborhood in this small town on the banks of the Mississippi River long troubled by poverty. The council said those living in the city want the random shootings and drug-fueled violence to stop, no matter what the cost.

"Now if somebody wants to sue us, they have an option to sue, but I'm fairly certain that a judge will see it the way the way the citizens see it here," Mayor James Valley said. "The citizens deserve peace, that some infringement on constitutional rights is OK and we have not violated anything as far as the Constitution."

ACLU weighs in
However, such stops likely violate residents' constitutional rights to freely assemble and protections against unreasonable police searches, said Holly Dickson, a lawyer for the ACLU of Arkansas who addressed the council at its packed Tuesday meeting. Because of that, Dickson said any convictions coming from the arrests likely would be overturned.

"The residents of these high-crime areas are already victims," she said. "They're victims of what are happening in the neighborhoods, they're victims of fear. But for them to be subject to unlawful stops and questioning ... that is not going to ultimately going to help this situation."

The council rejected Dickson's claims, at one point questioning the Little Rock-based attorney if she'd live in a neighborhood they described as under siege by wild gunfire and gangs.

"As far as I'm concerned, at 3 o'clock in the morning, nobody has any business being on the street, except the law," Councilman Eugene "Red" Johnson said. "Anyone out at 3 o'clock shouldn't be out on the street, unless you're going to the hospital."

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