Durham city council poised to support written consent searches, lighter stance on marijuana

Wednesday, September 3, 2014
City council poised to support written consent, lighter stance on marijuana
Durham city leaders are throwing support behind a controversial plan that could change the way police officers search vehicles during traffic stops.

DURHAM (WTVD) -- Durham Mayor Bill Bell says he supports the city manager's list of recommendations for police department policy changes except for one in particular.

Bell is talking about written consent searches, a controversial plan that drew a crowd at the last city work session focused on allegations of racial bias among Durham officers.

After reviewing the city manager's lengthy response to dozens of recommended police department policy changes, written consent searches is now the only significant sticking point. Bell and other city leaders say unless there's an imminent arrest, reasonable suspicion or a warrant, they're poised to require officers to get a driver's written consent during a traffic stop.

"If I'm stopped in my vehicle by an officer and none of the circumstances apply, why should that officer be allowed to search my vehicle without me giving written consent?" asked Bell.

City manager Tom Bonfield answered that question in his report that supports written consent searches for homes or property.

However, when it comes to vehicle searches, he told the council it would compromise officer safety and control during traffic stops. The mayor disagrees, saying he does not think it would have a negative impact.

Written consent searches isn't the only controversial topic getting the council's attention. Several advocacy groups have asked the city to make misdemeanor marijuana arrests a low level priority, claiming racial disparities. Durham's police department says its marijuana arrests are well below the national average.

Bell sees it as a joint effort, requiring the police, the court system and law enforcement to work together.

"Until all of those entities are able to come together to reasonably address it, it's going to be hard for any one unit to address it by itself," explained Bell. "We're in the process of pulling those entities together to begin that discussion. It's far from being settled. There's a lot of work to be done."

Bell says the city council will make a final decision on the city manager's list of recommendations at its work session Thursday. Ultimately, the city manager has the final say. Bell explained that the police chief reports to Bonfield not the city council.

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