Lawsuit filed over Fayetteville consent search issue
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FAYETTEVILLE -- The ongoing dispute of consent searches by the Fayetteville Police Department is now going to court.
The state Police Benevolent Association filed a civil rights action lawsuit Wednesday against the city.
Last month, City Council imposed a four-month ban on consent searches -- a move the association feels prevents the Fayetteville Police Department from doing its job.
"The city action in obstructing consent searches is simply unlawful," said North Carolina Police Benevolent Association Executive Director John Midgette.
Midgette said members from the group were at the council meeting on Jan. 23 when the vote took place. They said they tried to speak to Mayor Tony Chavonne and others about the issue, but had no luck.
"The mayor, in addition to other statements he's made, has boasted that he's ready for a test case. Well you should be careful what you wish for because that's exactly what we're going to have happen now," said Midgette.
At a meeting Wednesday, city leaders were made aware of the lawsuit, but didn't have much to say about it.
"It's just another chapter in an ongoing process. Sometimes you have to go through lawsuits to determine who really has authority in certain situations," said Fayetteville City Council member Wade Fowler.
Mayor Chavonne said he had no comment on the actions taken by the PBA. City Manager Dale Iman referred all questions to the city attorney.
The Police Benevolent Association is the latest group to be involved in the consent search issue -- an issue that appears to be putting the city and its police force against one another.
"I don't know if I'd call it turmoil but certainly I would say there's a sense of dissatisfaction with Council and that can be understandable," said Fowler.