Judge who signed off on raid of Kansas newspaper is facing a complaint about the decision | CNN
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The judge who signed off on a search warrant authorizing the raid of a newspaper office in Marion, Kansas, is facing a complaint about her decision and has been asked by a judicial body to respond, records shared with CNN by the complainant show.

The judge who signed off on a search warrant authorizing the raid of a newspaper office in Marion, Kansas, is facing a complaint about her decision and has been asked by a judicial body to respond, records shared with CNN by the complainant show.

    • CmdrShepard@lemmy.oneEnglish
      15·
      1 year ago

      The probable cause statement wasn’t even filed until after the warrant was issued and raid occurred.

      https://thehill.com/media/4155087-publisher-newspaper-raided-police-says-timing-probable-cause-affidavit-suspicious/

      “We finally were able to obtain the probable cause affidavit that was supposed to support the search warrant. It was filed three days after the searches were conducted, which is a little suspicious,” Meyer said in a CNN interview Wednesday.

    • Nurse_Robot@lemmy.world
      11·
      1 year ago

      The top prosecutor, who ordered the seized materials be returned, said themselves that “insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and the items seized.” There was never probable cause, no evidence that this alleged illegal access ever happened. There never should have been a warrant in the first place.

        • Nurse_Robot@lemmy.world
          4·
          1 year ago

          Not sure what you’re asking when you say “on what grounds”.

          The warrant was issued without any evidence supporting it, which I thought I made clear in my comment.

          I did read it, it’s linked within the article OP posted that we’re replying too, or maybe it’s a couple clicks away.

          The fact that shit hit the fan seems like a red flag to me that things were wrong from the get go. Cops get away with misconduct every day, for it to make national news means they probably acted indefensibly inappropriately.

    • ggppjj@lemmy.world
      10·
      1 year ago

      I’ve yet to see reasonable cause. Mind sharing your own thought process so we can all know where the other is coming from?

        • some_guy@lemmy.sdf.org
          2·
          1 year ago

          or else falsely certify that the employee had a valid legal reason to access the information.

          I think journalism would be a valid reason when discussing public corruption. IANAL, may be wrong.

            • ggppjj@lemmy.world
              2·
              1 year ago

              Thanks for the details, genuinely. I’ve not fired up PACER myself here, as much as me a private non-lawyer citizen could really follow along there.

              Personally, I side with the newspaper morally in this matter. I’m much more of a “if raiding a newspaper over peacefully attempting to uncover corruption in local governments because they lied to do so is legal than the laws need to change” kinda guy.

              I know that’s pivoting. I also don’t have any good ideas on how to improve the laws. Personally, I don’t see any way of making a law that doesn’t become either a target of or a tool for abuse of power, and this really feels a lot like people in power using the law to help a friend in a way that most citizens would not have access to.

    • SquishyPandaDev@yiffit.net
      41·
      1 year ago

      They should have issued a subpoena, like every other case. Also the judge ordered the return of seized items from the search. Not a good sign of confidence in their legality.