Dozens of news outlets and press advocates are calling out a Kansas police department that raided a local newspaper.
Police in Marion entered the office of the Marion County Record as well as the home of the paper’s owner on Friday, seizing computers, cell phones and reporting materials. Now the Washington Post, the New York Times, and 32 other entities have signed on to a letter accusing Marion police of violating federal law which protects against newsroom searches. They’re asking authorities to return the seized materials to the paper and its reporters.
The newspaper’s owner, Eric Meyer, thinks the search warrant was connected to a recent story that was critical of a local restaurant owner. The Marion County Record also reports its 98-year-old co-owner Joan Meyer died following the police raid after being “stressed beyond her limits and overwhelmed by hours of shock and grief.”
Marion Police Chief Gideon Cody posted a statement on Facebook in response to questions about the raid:
As much as I would like to give everyone details on a criminal investigation I cannot. I believe when the rest of the story is available to the public, the judicial system that is being questioned will be vindicated.
I appreciate all the assistance from all the State and Local investigators along with the entire judicial process thus far.
Speaking in generalities, the federal Privacy Protection Act, 42 U.S.C. §§ 2000aa-2000aa-12, does protect journalists from most searches of newsrooms by federal and state law enforcement officials. It is true that in most cases, it requires police to use subpoenas, rather than search warrants, to search the premises of journalists unless they themselves are suspects in the offense that is the subject of the search.
The Act requires criminal investigators to get a subpoena instead of a search warrant when seeking “work product materials” and “documentary materials” from the press, except in circumstances, including: (1) when there is reason to believe the journalist is taking part in the underlying wrongdoing.
The Marion Kansas Police Department believes it is the fundamental duty of the police is to ensure the safety, security, and well-being of all members of the public. This commitment must remain steadfast and unbiased, unaffected by political or media influences, in order to uphold the principles of justice, equal protection, and the rule of law for everyone in the community. The victim asks that we do all the law allows to ensure justice is served. The Marion Kansas Police Department will nothing less.
The Kansas Bureau of Investigation confirmed that it is involved in the investigation.
