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NC says Fayetteville can't rule out police search

by Associated Press

WCNC.com

Posted on February 22, 2012 at 11:58 AM

FAYETTEVILLE, N.C. — North Carolina Attorney General Roy Cooper's office says Fayetteville city officials cannot stop police from acting on a hunch and asking motorists if it is OK to search their vehicle.

Fayetteville City Council voted last month to temporarily stop police from asking a motorist's consent for a search. The practice has been criticized as focusing on black drivers.

Police Chief Tom Bergamine and the North Carolina Police Benevolent Association say consent searches are a legal and important tool for law enforcement.

Senior state attorneys are siding with Fayetteville police, saying the city council exceeded its authority to prohibit legal law enforcement methods.

State Justice Department spokeswoman Noelle Talley says the opinion is not the same as a court order telling a municipality what to do.

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