ASHEVILLE - By the end of November, city police officers will no longer be able to conduct voluntary searches of drivers without their written permission, according to Interim Police Chief Robert White.

White detailed his approaches to law enforcement in an Oct. 3 meet-and-greet with reporters and gave a timeline for enacting new initiatives, including the written consent policy city officials say will help reduce racial disparities.

Other changes White has been tasked with during his temporary assignment are starting a new downtown unit, increasing diversity in the Asheville Police Department and training officers in how to stop police brutality.

A 40-plus-year police veteran, White started work Oct. 1, stepping in for Chris Bailey who abruptly resigned after two months as Asheville Police Department chief, saying he needed to return to Indianapolis to deal with family issues. A new permanent chief is expected to be hired in early 2020. White said he is not seeking that position.

Priority on written consent

Bailey's brief tenure was marked by conflict over enacting the written consent policy, which is rare among North Carolina law enforcement agencies.

City Manager Debra Campbell has placed a high priority on written consent, mandated more than a year ago by the City Council. A police advocacy group, the N.C. Police Benevolent Association, opposes the proposed policy, saying it should include a way for officers to bypass the written requirement if it is not safe or practical.

White, who is African American, served as chief in Greensboro, Denver and Louisville, Kentucky, as well as the second-in-command in Washington's metro department.

At the Oct. 3 event at City Hall, White said most departments where he has worked had a similar policy and that the safety issue is already understood and doesn't need to be stated.

"If it is not safe and practical, my question is why would you do it?"

Adding the language could undermine the intent, he said, which is to ensure motorists and their passengers understand they don't have to agree to be searched and that by saying yes, they are waiving a constitutional protection.

"You don't want to put an officer in a situation where they are making an interpretation of the decision," he said. "I think we need to get any and all ambiguity out of the policy."

What is the written consent policy?

Officers can conduct involuntary searches only if they have a warrant or "probable cause" to believe a crime is being committed.

If an officer feels there is a safety issue that could mean there is probable cause to search, White said.

PBA Executive Director John Midgette indicated on Oct. 4 that the organization would continue to oppose the policy and believed it was illegal.

Police work by definition is "unsafe," said Midgette.

"What else should our police officers walk away from if t he situation is potentially unsafe?"

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Civil rights activists called for written consent in 2017, pointing to traffic stop data showing African Americans were stopped in disproportionate numbers in Asheville and were more likely to be searched despite contraband being found more often among whites.

That found little traction until the 2018 publication of leaked police body camera footage of a white officer beating an unarmed black pedestrian accused of jaywalking. The council voted unanimously for the measure on June 20, 2018. But delays ensued. The city had vacancies in positions of city manager, city attorney and police chief after then-Chief Tammy Hooper said she did not want to implement written consent and later quit.

Campbell, Asheville's first black city manager, said the policy is about rebuilding trust.

"We have a lot of heavy lifting and work to do toward enhancing and improving relationships. But I think APD is trying. We're making progress. But we have a long way to go."

Some civil rights advocates have called for extending written consent to pedestrians, but Campbell said she wants to first see if it is effective in addressing disparities.

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