3 ms·

To summarize the newspaper was engaged in questionable behavior in their reporting. When reporting on a local restaurant they, allegedly broke into the social

To summarize the newspaper was engaged in questionable behavior in their reporting. When reporting on a local restaurant they, allegedly broke into the social media and other accounts of the owner. Reminds me of the British scandal where the press were breaking into people's voicemail inboxes. Other businesses in the area say this is not the first time the newspaper has done this. The police executed a search warrant in conjunction with the claims looking for evidence this is true. The newspaper alleges the search warrant was really just an excuse and what they were looking for was information about the police chief who they were also reporting on. Seems fairly straight forward? Did the police seize only what was approved by the search warrant? Did they misrepresent or fabricate any of the claims needed to get that search warrant? If they had legitimate grounds to get the search warrant and they executed, it only to the extent allowed by law then they broke no laws.

PLenz 3y ago
The search warrant was itself illegal. Hiding behind it is not a valid defense.
- AnimalMuppet 3y ago
  Why do you say that the search warrant was illegal? A search warrant of a newspaper is not inherently illegal. On the other hand, if I understand correctly, the search warrant was authorized (or at least the authorization was filed) only three days after the search. Post hoc approval of search warrants is almost certainly not legal. If that wasn't a clerical mixup, then yes, the search warrant was illegal. (I'm not going to get too bothered by an approved search warrant that didn't get filed for three days because a clerk messed up - if that's what happened.)
  - metabagel 3y ago
    According to the article, the state shield law says that you can't execute a search warrant on a newspaper. It must be a subpoena in order to prevent abuse of power against the free press.
- zdragnar 3y ago
  Allegedly, they weren't trying to uncover newspaper sources, they were investigating identity theft. I'm not convinced either state or federal law would have applied here, though getting a court order beyond the warrant would have avoided the controversy entirely. Perhaps they were worried that the evidence would have been deleted if they'd waited. Or perhaps, they simply really were using it as a cover to raid the office to destroy any info about the chief. Hopefully time will tell.
  - WarOnPrivacy 3y ago
    > Allegedly, they weren't trying to uncover newspaper sources, they were investigating identity theft. The allegation of identity theft got them the warrant. However, that allegation seems like a lie, when it's compared against the event the cops were investigating. Reporter Phyllis Zorn verified the tip by conducting a driver’s record search on the Department of Revenue’s website, using Newell’s first and last name and the driver’s license number for Newell that the record had received from its source. The results showed the tip about Newell’s record was accurate. Being caught in a lie might explain why the warrant was withdrawn. ref: https://www.kcur.org/news/2023-08-20/now-withdrawn-affidavits-in-marion-county-record-raid-allege-paper-committed-identity-theft https://www.kcur.org/news/2023-08-20/now-withdrawn-affidavit...
    - fnordpiglet 3y ago
      I would note, while I side with the news paper, allegations are sufficient to get a warrant so long as they are credible and convince a judge they are. My opinion, IANL, is they are and never were credible and the police in collusion with the judge did something at least unethical if not illegal.
      - kasey_junk 3y ago
        According to the article a warrant is not enough in Kansas. They had a further obligation in local law that raised the burden on the police force. That they didn’t seem to meet that burden is the crux of the article.
- NoMoreNicksLeft 3y ago
  Unfortunately, the only remedy ever given for bad search warrants is exclusion of evidence from trial. Since the newspaper isn't likely to be put on trial, no remedy is forthcoming.
  - jrs235 3y ago
    Perhaps those involved should be charged by the DOJ for violation of Constitutional rights... Sounds like the actors were fraudulently acting under color of law.
AnthonyMouse 3y ago
This feels inherently suspicious. Newspaper investigates local restaurant. Newspaper investigates local police. Local police go to local restaurant owner. "Hey, those reporters we both hate, they didn't happen to break some law did they?" Or the same thing, but initiated by the restaurant owner bitter over the negative investigation. Under normal circumstances alleging misconduct by reporters who conducted a truthful negative investigation of you would have negligible credibility, because you have an obvious motive to fabricate. The police taking the allegations seriously solely because they too hate the reporters is, of course, misconduct.
metabagel 3y ago
> To summarize the newspaper was engaged in questionable behavior in their reporting. When reporting on a local restaurant they, allegedly broke into the social media and other accounts of the owner. Citation needed.
kasey_junk 3y ago
There is no evidence that the newspaper was engaged in questionable behavior. The attorneys for the state have suggested the search warrant was faulty and have withdrawn it [0] There is evidence that the sheriff had motive for punitive behavior against the newspaper. We rightly hold raids on newspapers to a higher standard, this standard was not met and the police likely broke several laws because of it. That’s what the article documents. To summarize, you didn’t summarize at all. You presented a biased defense of the police that is not in evidence in the linked article, nor anywhere else. [0] https://amp.theguardian.com/us-news/2023/aug/16/kansas-newspaper-police-raid-items-returned https://amp.theguardian.com/us-news/2023/aug/16/kansas-newsp...
xorbax 3y ago
"We have now discovered that the probable cause affidavits were not filed with the District Court until three days after the illegal searches were executed. While the affidavits purport to be signed before Magistrate Viar on the day of the illegal searches, no explanation has been provided why they were not filed prior to the execution of the illegal searches." "The affidavit from Cody goes on to accuse Phyllis Zorn, an employee at the newspaper, of downloading Newell's information from a state website, something Zorn admitted to doing by using her own information." Story containing links to primary documents: https://www.kshb.com/news/local-news/investigations/breaking-affidavits-reveal-what-evidence-police-used-to-raid-kansas-newspaper https://www.kshb.com/news/local-news/investigations/breaking...
jldugger 3y ago
> When reporting on a local restaurant they, allegedly broke into the social media and other accounts of the owner. I don't remember that allegation, can you share a link?

PLenz 3y ago

The search warrant was itself illegal. Hiding behind it is not a valid defense.

AnimalMuppet 3y ago
Why do you say that the search warrant was illegal? A search warrant of a newspaper is not inherently illegal. On the other hand, if I understand correctly, the search warrant was authorized (or at least the authorization was filed) only three days after the search. Post hoc approval of search warrants is almost certainly not legal. If that wasn't a clerical mixup, then yes, the search warrant was illegal. (I'm not going to get too bothered by an approved search warrant that didn't get filed for three days because a clerk messed up - if that's what happened.)
- metabagel 3y ago
  According to the article, the state shield law says that you can't execute a search warrant on a newspaper. It must be a subpoena in order to prevent abuse of power against the free press.
zdragnar 3y ago
Allegedly, they weren't trying to uncover newspaper sources, they were investigating identity theft. I'm not convinced either state or federal law would have applied here, though getting a court order beyond the warrant would have avoided the controversy entirely. Perhaps they were worried that the evidence would have been deleted if they'd waited. Or perhaps, they simply really were using it as a cover to raid the office to destroy any info about the chief. Hopefully time will tell.
- WarOnPrivacy 3y ago
  > Allegedly, they weren't trying to uncover newspaper sources, they were investigating identity theft. The allegation of identity theft got them the warrant. However, that allegation seems like a lie, when it's compared against the event the cops were investigating. Reporter Phyllis Zorn verified the tip by conducting a driver’s record search on the Department of Revenue’s website, using Newell’s first and last name and the driver’s license number for Newell that the record had received from its source. The results showed the tip about Newell’s record was accurate. Being caught in a lie might explain why the warrant was withdrawn. ref: https://www.kcur.org/news/2023-08-20/now-withdrawn-affidavits-in-marion-county-record-raid-allege-paper-committed-identity-theft https://www.kcur.org/news/2023-08-20/now-withdrawn-affidavit...
  - fnordpiglet 3y ago
    I would note, while I side with the news paper, allegations are sufficient to get a warrant so long as they are credible and convince a judge they are. My opinion, IANL, is they are and never were credible and the police in collusion with the judge did something at least unethical if not illegal.
    - kasey_junk 3y ago
      According to the article a warrant is not enough in Kansas. They had a further obligation in local law that raised the burden on the police force. That they didn’t seem to meet that burden is the crux of the article.
NoMoreNicksLeft 3y ago
Unfortunately, the only remedy ever given for bad search warrants is exclusion of evidence from trial. Since the newspaper isn't likely to be put on trial, no remedy is forthcoming.
- jrs235 3y ago
  Perhaps those involved should be charged by the DOJ for violation of Constitutional rights... Sounds like the actors were fraudulently acting under color of law.

AnthonyMouse 3y ago

This feels inherently suspicious. Newspaper investigates local restaurant. Newspaper investigates local police. Local police go to local restaurant owner. "Hey, those reporters we both hate, they didn't happen to break some law did they?" Or the same thing, but initiated by the restaurant owner bitter over the negative investigation. Under normal circumstances alleging misconduct by reporters who conducted a truthful negative investigation of you would have negligible credibility, because you have an obvious motive to fabricate. The police taking the allegations seriously solely because they too hate the reporters is, of course, misconduct.

metabagel 3y ago

> To summarize the newspaper was engaged in questionable behavior in their reporting. When reporting on a local restaurant they, allegedly broke into the social media and other accounts of the owner. Citation needed.

kasey_junk 3y ago

There is no evidence that the newspaper was engaged in questionable behavior. The attorneys for the state have suggested the search warrant was faulty and have withdrawn it [0] There is evidence that the sheriff had motive for punitive behavior against the newspaper. We rightly hold raids on newspapers to a higher standard, this standard was not met and the police likely broke several laws because of it. That’s what the article documents. To summarize, you didn’t summarize at all. You presented a biased defense of the police that is not in evidence in the linked article, nor anywhere else. [0] https://amp.theguardian.com/us-news/2023/aug/16/kansas-newspaper-police-raid-items-returned https://amp.theguardian.com/us-news/2023/aug/16/kansas-newsp...

xorbax 3y ago

"We have now discovered that the probable cause affidavits were not filed with the District Court until three days after the illegal searches were executed. While the affidavits purport to be signed before Magistrate Viar on the day of the illegal searches, no explanation has been provided why they were not filed prior to the execution of the illegal searches." "The affidavit from Cody goes on to accuse Phyllis Zorn, an employee at the newspaper, of downloading Newell's information from a state website, something Zorn admitted to doing by using her own information." Story containing links to primary documents: https://www.kshb.com/news/local-news/investigations/breaking-affidavits-reveal-what-evidence-police-used-to-raid-kansas-newspaper https://www.kshb.com/news/local-news/investigations/breaking...

jldugger 3y ago

> When reporting on a local restaurant they, allegedly broke into the social media and other accounts of the owner. I don't remember that allegation, can you share a link?