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Police questioned over legality of Kansas newspaper raid in which they caused death and injury

NxNW

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AP: Police questioned over legality of Kansas newspaper raid in which computers, phones seized

MARION, Kan. (AP) — A small central Kansas police department is facing a firestorm of criticism after it raided the offices of a local newspaper and the home of its publisher and owner — a move deemed by several press freedom watchdogs as a blatant violation of the U.S. Constitution’s protection of a free press.

The Marion County Record said in its own published reports that police raided the newspaper’s office on Friday, seizing the newspaper’s computers, phones and file server and the personal cellphones of staff, based on a search warrant. One Record reporter said one of her fingers was injured when Marion Police Chief Gideon Cody wrested her cellphone out of her hand, according to the report.

Police simultaneously raided the home of Eric Meyer, the newspaper’s publisher and co-owner, seizing computers, his cellphone and the home’s internet router, Meyer said. Meyer’s 98-year-old mother — Record co-owner Joan Meyer who lived in the home with her son — collapsed and died Saturday, Meyer said, blaming her death on the stress of the raid of her home.

A two-page search warrant, signed by a local judge, lists Newell as the victim of alleged crimes by the newspaper. When the newspaper asked for a copy of the probable cause affidavit required by law to issue a search warrant, the district court issued a signed statement saying no such affidavit was on file, the Record reported.
 
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Arcangl86

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Yikes. The fact that the police are being so cagey about providing information makes me even more suspicious of the searches. The First Amendment isn't an absolute shield of course, but if you are going to investigate somebody for conduct that is covered by it you need to cross your ts and dot your is.
 
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wing2000

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What justified a police raid over a subpoena?

Although news organizations are sometimes the targets of legal actions by government officials, including subpoenas seeking interview notes and other records, the search and seizure of the tools to produce journalism are rare.

Seth Stern, advocacy director at Freedom of the Press Foundation, a nonprofit that advocates for the rights of journalists and whistle-blowers, said federal law allowed the police to search journalists when the authorities have probable cause to believe the journalists had committed a crime unrelated to their journalism. That exception does not apply, however, in a case where the alleged crime is gathering the news, he said. When journalists are suspected of committing crimes as part of news gathering, the government’s option is to serve a subpoena, which can be challenged in court before it is enforced.

“You can’t say, ‘I’m allowed to raid the newsroom because I’m investigating a crime,’ if the crime you’re investigating is journalism,” he added.

 
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