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.

  • Nurse_Robot@lemmy.world
    link
    fedilink
    arrow-up
    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
        link
        fedilink
        arrow-up
        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.

        • 【J】【u】【s】【t】【Z】@lemmy.world
          link
          fedilink
          arrow-up
          1
          arrow-down
          2
          ·
          1 year ago

          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.