A Kansas Department of Revenue spokesperson says the initial online search of a state website that led a central Kansas police chief to raid a local weekly newspaper was legal.
A stack of the latest weekly edition of the Marion County Record sits in the back of the newspaper's building, awaiting unbundling, sorting and distribution, Wednesday, Aug. 16, 2023, in Marion, Kan. The newspaper's front page was dedicated to two stories about a raid by local police on its offices and the publisher's home on Aug. 11, 2023. was legal, a spokesperson for the agency that maintains the site said Monday, as the newspaper remains under investigation.
The raid on the Record put it and its hometown of about 1,900 residents in the center of a debate aboutprotected by the First Amendment to the U.S. Constitution and Kansas' Bill of Rights. It also exposed divisions in the town over local politics and the newspaper's coverage of the community and put an intense spotlight on Police Chief Gideon Cody.
says, in red: “COUNCIL WILL NOT COMMENT ON THE ONGOING CRIMINAL INVESTIGATION AT THIS MEETING!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!”Police seized computers, personal cellphones and a router from the newspaper and the publisher’s home and a laptop and iPhone from Herbel. Record Editor and Publisher Eric Meyer lived with his 98-year-old mother, Joan Meyer, and blames the stress of the raid for her death the day after the raids.
The affidavit to search the newspaper’s offices noted that when a person submits a request for someone’s driving record, it lists 13 circumstances in which it is legal to obtain it. They include a person is seeking their own record or a business seeking it to verify personal information to help collect a debt.
Newell accused the newspaper at the council's last meeting Aug. 7 of violating her privacy and illegally disseminating personal information about her, and she also disclosed a drunken driving offense in her past. According to the affidavits, she told Cody that she did not authorize anyone to access her information.
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