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.
I’ve been loosely following this story and I read the warrant applications. You seem certain this is outrageous. Could you explain why?
What was wrong with the warrant? The police seem to have had good probable cause. I’m a huge advocate for free press, but I’ve yet to hear a legal argument for what is so objectionable, here.
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/
Oh snap, I hadn’t seen that detail reported yet.
Elsewhere I see:
That’s very suspect.
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.
On what grounds? What was wrong with the warrant? Did you read it? I realize it’s all been tossed after the shit hit the fan.
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.
You’re saying the warrant was issued without supporting evidence because the affidavit was filed after the warrant was served?
I don’t know what the recording requirements in that court are. It may be that affidavits are submitted sealed and then not filed until after the warrant is served. That doesn’t seem out of the scope of ordinary to me.
I’m not sure it’s filing means the judge didn’t see it.
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.
A subpoena is a demand to appear issued by a lawyer. A witness has to be subpoenaed to something. You subpoena testimony, usually by deposition, to a hearing or to a grand jury. A subpoena duces tecum is a subpoena to show up and testify and bring documents, too.
Government subpoenas are usually in connection with civil enforcement. In the criminal context, they are to compel a witness to a grand jury or to testify at a pretrial deposition or at trial after the suspect as been charged, or in the case of secret proceedings, when a grand jury has convened.
Police use warrants not subpoenas.