I can't stop writing about Fayetteville! The city council's 120-day moratorium on consent searches by the police during traffic stops came under fire this week from several angles. First, the Attorney General's office issued an advisory letter concluding, in essence, that a municipal government can't take away a power granted by a state statute -- in this case, G.S. 15A-221, which allows officers to do consent searches -- and that municipal regulation of consent searches is preempted by state law. Second, several "current and former" Fayetteville officers, together with the Southern States Police Benevolent Association, sued the city over the moratorium. (Civil procedure isn't my area, but why would a former officer have standing?) The Fayetteville Observer has the story here. It's an interesting legal issue, but I wish that the factions could find some common ground. In other news: 1. Chapel Hill may be moving towards banning the use of a cell phone while driving. Because it is Chapel Hill, things aren't moving quickly: the town council took the bold step of voting to "continue discussing" a ban, as reported here. The legality of such a ban is questionable, as Shea noted in this post. If it does come to pass, the ban under consideration will (a) exempt emergency calls and calls to parents, spouses, and children, and (b) be punishable only by a $25 fine. Just in case I'm ever busted on the way to work in the morning, I want everyone to know that I will definitely be on [...]
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