PBA temporarily withdraws consent search litigation
Jan 7, 2013
The North Carolina Police Benevolent Association and plaintiffs in the existing consent search litigation have decided to temporarily withdraw and voluntarily dismiss without prejudice the existing civil and civil rights action against the City of Fayetteville regarding the City’s action in preventing Fayetteville police officers from performing consent searches as a part of their law enforcement duties. A dismissal without prejudice means that the action can be refiled.
Executive Director John Midgette explained: “Under the current conditions, it does not make legal or common sense to continue with litigation where the unlawful conduct has been stopped. The Cumberland County Superior Court has issued two orders precluding the City of Fayetteville from banning police consent searches. In response to the litigation initially, the City withdrew the moratorium precluding the consent searches. As a result of that, and other evidence in our possession, there is no ongoing dispute that needs to be further litigated at this time.”
Mr. Midgette further stated that: “NCPBA looks forward to the arrival of the new chief of police so that we can collectively combat the continuously exploding crime in Fayetteville. The recent attacks on Fayetteville police officers by some city officials have further limited the ability of officers to perform their jobs. As the recent crime and related data indicate, consent searches in Fayetteville have substantially dropped while crime has substantially increased.”
“We think that the new chief and new City Manager should be afforded a chance to address these and other important law enforcement issues,” Midgette continued.
North Carolina Division
