LAPD Issues Search Warrant for Reddit to Identify Who Leaked City Council Racist Remarks

[HARK!]

The Los Angeles Police Department (LAPD) issued a search warrant to Reddit Nov. 29 to identify the person responsible for the recent leak of the racially disparaging conversation between former Los Angeles City Council President Nury Martinez and other local officials.

According to Police Chief Michel Moore, since last month the LAPD has been looking into whether the audio recording was produced illegally last year. Under California law, private conversations cannot be recorded unless all parties agree to be taped.

LAPD Issues Search Warrant to Reddit to Identify Who Leaked Racist Council Conversation

www.theepochtimes.com

Blow the whistle on these racists; go to jail.

Never mind the fist amendment.

 

[Fantine]

If there us a law offering equal privacy protection to all, regardless of political philosophy, and if that law has been violated, what is the problem?

Does not an overzealous media step out of bounds in many situations, affecting both parties?

 

[HARK!]

If there us a law offering equal privacy protection to all, regardless of political philosophy, and if that law has been violated, what is the problem?

Does not an overzealous media step out of bounds in many situations, affecting both parties?

When it comes to the law, let's start with the Constitution.

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

 

[Arcangl86]

When it comes to the law, let's start with the Constitution.

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

Good thing the California General Assembly isn't Congress then.

 

[Yttrium]

Good thing the California General Assembly isn't Congress then.

The First Amendment is generally recognized as applying to all levels of government in the US, both federal and state.

But the LAPD still has the obligation to investigate a crime.

 

[Arcangl86]

The First Amendment is generally recognized as applying to all levels of government in the US, both federal and state.

But the LAPD still has the obligation to investigate a crime.

I'm aware of that. The First Amendment is also generally recognized as not being an absolute prohibition. But if Hark! is going to want to go word for word literal with the prohibition, then we should also look at it being word for word literal on who is being restricted.

 

[Fantine]

If the law passed by the LA legislators was unconstitutional it would not be on the books.

 

[RocksInMyHead]

I'm torn on this one. I'm glad that someone had the integrity to call out this behavior - racism should not be tolerated. However, I'm also a firm believer in the right to privacy.

Recording people without their consent in a private space is a problem, even if they're saying vile, hateful things.

 

[essentialsaltes]

Note that no one is charged, press or otherwise, with broadcasting or sharing the recordings, which played almost endlessly here in Los Angeles news for several weeks.

It is the recording (which is not itself an expressive act) that falls afoul of the law.


I can certainly see the illegal act of recording as an act of 'civil disobedience' to further a good end. But one has to know that such disobedience does potentially come at a legal cost.

 

[Don't Panic]

View attachment 324220


The Los Angeles Police Department (LAPD) issued a search warrant to Reddit Nov. 29 to identify the person responsible for the recent leak of the racially disparaging conversation between former Los Angeles City Council President Nury Martinez and other local officials.

According to Police Chief Michel Moore, since last month the LAPD has been looking into whether the audio recording was produced illegally last year. Under California law, private conversations cannot be recorded unless all parties agree to be taped.

LAPD Issues Search Warrant to Reddit to Identify Who Leaked Racist Council Conversation

www.theepochtimes.com

Blow the whistle on these racists; go to jail.

Never mind the fist amendment.

What is the "fist" amendment and how is it relevant to privacy issue of illegal recording?

 

[HARK!]

What is the "fist" amendment and how is it relevant to privacy issue of illegal recording?

On the core constitutional issue, the Court holds that
secret audio recording of government officials, including law
enforcement officials, performing their duties in public is
protected by the First Amendment

https://www.aclum.org/sites/default/files/field_documents/20181210_martinevans_memo_order.pdf

 

[RocksInMyHead]

On the core constitutional issue, the Court holds that
secret audio recording of government officials, including law
enforcement officials, performing their duties in public is
protected by the First Amendment

https://www.aclum.org/sites/default/files/field_documents/20181210_martinevans_memo_order.pdf

It's not clear that these comments were made in public. If they were, then I agree that recording them should be legal.

 

[essentialsaltes]

Note that no one is charged, press or otherwise, with broadcasting or sharing the recordings, which played almost endlessly here in Los Angeles news for several weeks.

The Los Angeles Times just won a Breaking News Pulitzer for its coverage of the story. Neither the Times nor any other organization reporting on the story were hassled.

As far as I know there hasn't been any real progress with the investigation into the potentially illegal act of recording.

 

[essentialsaltes]

As far as I know there hasn't been any real progress with the investigation into the potentially illegal act of recording.

​

I don't know if this counts as progress, but someone has pointed a finger (and a lawsuit). Oh, later in the article LAPD gets involved.

​

Ex-Councilman Gil Cedillo sues L.A. County Federation of Labor over leaked racist audio​

Former Los Angeles City Councilmember Gil Cedillo took legal action against the Los Angeles County Federation of Labor on Friday, saying in a lawsuit the organization is responsible for a secret recording that “ruined his reputation” and cost him employment income.

The recording at the federation headquarters became public nearly a year ago, drawing furious protests and prompting the resignation of two others who attended the meeting — council President Nury Martinez and Ron Herrera, the head of the labor federation.

Cedillo’s complaint, which alleges invasion of privacy and negligence, also names two of the federation’s then-employees, Santos Leon and Karla Vasquez.

Neither Leon nor Vasquez, who are married, has been publicly identified as suspects in the case. At the time of the recording, Vasquez served as an executive assistant to Herrera, the leader of the federation, and Leon was the organization’s accountant.

Los Angeles police served a search warrant at their Eagle Rock home in July. Leon’s computers were taken by police, according to an individual who has knowledge of the warrant but was not authorized to speak publicly.

A spokesperson for the Los Angeles Police Department said earlier this week that there were no updates on the police investigation into the tape recording.

 

[essentialsaltes]

Ex-Councilman Gil Cedillo sues L.A. County Federation of Labor over leaked racist audio​

Cedillo’s complaint, which alleges invasion of privacy and negligence, also names two of the federation’s then-employees, Santos Leon and Karla Vasquez.

Neither Leon nor Vasquez, who are married, has been publicly identified as suspects in the case.

L.A. prosecutors say recording of racist City Hall conversation was a crime but refer case to the city attorney​

In the memo, which explains their decision [to not prosecute as a felony], prosecutors said Santos Leon and Karla Vasquez lived at a residence tied to an Internet service provider address that was in turn linked to an email account associated with social media posts that highlighted the audio, according to the memo.

While prosecutors determined that “a crime was committed by one or both of these individuals,” police could not determine how the audio was made, identify a device used to make it or determine who uploaded it to Reddit.

“Neither suspect has any criminal history and similar charges have not been pursued by our office as felonies in the absence of such history or other counts relating to fraud or corruption,” prosecutors wrote of their decision to refer the case to the city attorney’s office.

Leon was placed on leave by the federation last year, and it was not immediately clear whether he was still employed by it.

The leak of the 2021 conversation effectively ended Martinez’s political career and sparked Herrera’s resignation. Cedillo lost his bid for reelection to current Councilmember Eunisses Hernandez before the release of the recording, and De León is now locked in a tough November runoff as he seeks reelection.

 

[essentialsaltes]

L.A. prosecutors say recording of racist City Hall conversation was a crime but refer case to the city attorney​

While prosecutors determined that “a crime was committed by one or both of these individuals,” police could not determine how the audio was made, identify a device used to make it or determine who uploaded it to Reddit.

“Neither suspect has any criminal history and similar charges have not been pursued by our office as felonies in the absence of such history or other counts relating to fraud or corruption,” prosecutors wrote of their decision to refer the case to the city attorney’s office.

L.A. City Atty. Hydee Feldstein Soto’s office announced there was “insufficient evidence” to pursue misdemeanor wiretapping charges.

The decision, which was first reported by the Associated Press, was met with praise by Leon and Vasquez’s attorneys.

“Number one, my client has always been adamant that he is not the one responsible for making the recording,” said Leon’s attorney, Bob Schwartz. “Number two ... whoever did make the recording performed, as we now know, a great public service in the highest tradition of whistleblowers.”

Neither police or prosecutors directly accused a specific person of making the recording, or releasing it to the public.

civil suits by two of the participants in the conversation are pending