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 some to be a blatant violation of the U.S. constitution.
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.
Cody, the police chief, defended the raid on Sunday, saying in an email to The Associated Press that while federal law usually requires a subpoena — not just a search warrant — to raid a newsroom, there is an exception “when there is reason to believe the journalist is taking part in the underlying wrongdoing.
“This, the longer I think about it, is nothing short of an attempt to intimidate us, maybe to prevent us from publishing,” he said. “They didn’t have to go through this. They didn’t have to go through the drama.” “It seems like one of the most aggressive police raids of a news organization or entity in quite some time,” said Sharon Brett, legal director for the American Civil Liberties Union of Kansas. The breadth of the raid and the aggressiveness in which it was carried out seems to be “quite an alarming abuse of authority from the local police department,” Brett said.
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