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2:20 a.m. • 6-18-13

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Published: 2012-01-23 20:20:00
Updated: 2012-01-23 23:56:58

Fayetteville approves freeze on police search practice


Fayetteville Police Department cruiser (generic)
Fayetteville Police Department cruiser (generic)
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Fayetteville leaders on Monday night approved a temporary freeze on so-called police consent searches, which have drawn criticism by some who believe the method to be racially biased.

The moratorium will be in place for 120 days or until a consulting group reports its findings to the City Council about the practice, in which police can ask drivers for permission to search a vehicle based on nothing more than a hunch.

Monday night's 8-2 vote came amid two differing legal opinions about whether the city has the authority to put consent searches on hold.

The North Carolina Police Benevolent Association addressed the council at Monday's meeting, urging them to vote against the moratorium and arguing that it violates state and federal law.

"You are setting a precedent that a local government can set aside or supercede state and federal law," said John Midgette, the group's executive director. "Our courts have long held that that can't be done."

Mayor Tony Chavonne said it was time for the city to consider a policy change.

"When an issue continues to grow and divide our community, and it remains unaddressed by staff, as this one has for over a year now, then the council does have the final responsibility to step in," Chavonne said.

He added that he didn't mind the city being a "legal test case," as long as it's "a legal test case for what's right."

City Council members Valencia Applewhite and Keith Bates voted against the measure.

"I am not convinced that we are not in violation of state statute," Applewhite said.

The decision comes after an analysis of traffic stops over the past two years by The Fayetteville Observer showed that black drivers accounted for three out of every four searches.

Those numbers have drawn concern of racial profiling from groups such as the NAACP, but Fayetteville's police chief has defended the practice as a useful law enforcement tool and has said the searches aren't racially motivated.

The consultant, National Organization of Black Law Enforcement Executives, will be paid $30,000 for its review, which could be complete within 60-75 days.


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2 out of 3 people are Black so forget the Race problem you got the Law on Your side too But its alright their just Black

"looks like the small quaint military town is about to get much worse, this also includes the HUGE volume of american soldiers coming back with severe PTSD....shame" InnocentBystander21

Fayetteville hasn't been quaint since it was called Cross Creek, but I get your point.

looks like the small quaint military town is about to get much worse, this also includes the HUGE volume of american soldiers coming back with severe PTSD....shame

Great, another way for the hands of the police to be tied. How can they do their job if we don't let them?

@ thepeopleschamp, I am glad that I am not the only one that realizes and knows that its true. Also found out just a little while ago that Federal and State General Statutes over rule and city government decisions so I am thinking that the Fay. City Council may want to rethink what they have done here. They are more worried about the NAACP crying and using the race card so they decide to trump State Laws that the US Supreme Court has already upheld. I still say that each member of the city council and the Mayor should get in a patrol car and ride with a patrol officer not a supervisor but the ones that are actually in the trenches and ride a complete day shift and complete night shift (yes 12 hours of each) just to see what these officers have to deal with on a daily basis! I bet you none of them would want to do it because they would be to scared to do it cause they may see that they are WRONG. I say let the police do their jobs.... be the POLICE and uphold the law with no restriction

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