From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Court Quashes Search Warrant, Orders UCPD To Return Indybay Journalist’s News Photographs
For Immediate Release June 21, 2010
Contact: David Greene, Geoffrey King, First Amendment Project 510.208.7744
Contact: David Greene, Geoffrey King, First Amendment Project 510.208.7744
COURT QUASHES SEARCH WARRANT, ORDERS UCPD TO RETURN
VETERAN JOURNALIST’S NEWS PHOTOGRAPHS
– Photographer Was Newsgathering During UC Berkeley Chancellor House Protest
– Search Warrants Against Journalistic Work Product Expressly Barred By California Law
– UC Sought to Use Images to Investigate and Discipline Students
Oakland – On Friday, June 18, an Alameda County Superior Court judge quashed an illegal search warrant issued for the unpublished news photographs of veteran journalist David Morse. The court also ordered the return of all of Morse’s photographs, including any copies made by the University. The court also ordered the University to declare under oath what agencies received copies of the photographs, if any.
Morse is a 42-year-old journalist who has covered hundreds of demonstrations and other events since 2002. He was arrested and his camera searched in connection with a protest he was covering at UC Berkeley on December 11, 2009. The charges were dropped at Morse’s first court appearance, but not before a search warrant had issued for his unpublished photographs. It is a violation of the Penal Code to secure a search warrant for any items covered by the California journalist’s shield law.
Although the UCPD police report more than once referenced Morse’s repeated assertions that he was a journalist, officers omitted this crucial fact in the sworn affidavit they filed with the court in support of the search warrant. Thus the judge who issued the search warrant had no indication that Morse was reporting for a news organization at the protest.
The Alameda County District Attorney did not oppose Morse’s motion and indicated that no criminal investigation is pending. The University opposed the motion, arguing that it had an interest in using the photographs to investigate students for disciplinary purposes. The University also argued that it could continue using copies of Morse’s photographs even if the warrant was deemed illegal.
The court rejected these and the University’s other contentions.
Morse was represented by First Amendment Project on a pro bono basis.
http://www.thefirstamendment.org
###
VETERAN JOURNALIST’S NEWS PHOTOGRAPHS
– Photographer Was Newsgathering During UC Berkeley Chancellor House Protest
– Search Warrants Against Journalistic Work Product Expressly Barred By California Law
– UC Sought to Use Images to Investigate and Discipline Students
Oakland – On Friday, June 18, an Alameda County Superior Court judge quashed an illegal search warrant issued for the unpublished news photographs of veteran journalist David Morse. The court also ordered the return of all of Morse’s photographs, including any copies made by the University. The court also ordered the University to declare under oath what agencies received copies of the photographs, if any.
Morse is a 42-year-old journalist who has covered hundreds of demonstrations and other events since 2002. He was arrested and his camera searched in connection with a protest he was covering at UC Berkeley on December 11, 2009. The charges were dropped at Morse’s first court appearance, but not before a search warrant had issued for his unpublished photographs. It is a violation of the Penal Code to secure a search warrant for any items covered by the California journalist’s shield law.
Although the UCPD police report more than once referenced Morse’s repeated assertions that he was a journalist, officers omitted this crucial fact in the sworn affidavit they filed with the court in support of the search warrant. Thus the judge who issued the search warrant had no indication that Morse was reporting for a news organization at the protest.
The Alameda County District Attorney did not oppose Morse’s motion and indicated that no criminal investigation is pending. The University opposed the motion, arguing that it had an interest in using the photographs to investigate students for disciplinary purposes. The University also argued that it could continue using copies of Morse’s photographs even if the warrant was deemed illegal.
The court rejected these and the University’s other contentions.
Morse was represented by First Amendment Project on a pro bono basis.
http://www.thefirstamendment.org
###
For more information:
http://www.indybay.org/newsitems/2010/04/2...
Add Your Comments
Latest Comments
Listed below are the latest comments about this post.
These comments are submitted anonymously by website visitors.
TITLE
AUTHOR
DATE
Another Victory For Independent Journalists
Thu, Jun 24, 2010 2:12PM
Judge Rules UC Police Illegally Searched Journalist’s Camera
Thu, Jun 24, 2010 11:44AM
Judge's Ruling: UCPD Illegally Searched Journalist's Photos
Wed, Jun 23, 2010 11:56AM
Calif. judge says subpoena for journalist's photos was illegal
Tue, Jun 22, 2010 5:36PM
Justiça dos EUA determina que universidade devolva fotografias apreendidas de jornalista
Tue, Jun 22, 2010 12:31PM
Judge orders UC police to hand over journalist’s photographs
Mon, Jun 21, 2010 9:28PM
Judge: UC illegally searched journalist's camera
Mon, Jun 21, 2010 9:23PM
Judge says UC wrongly searched journalist's camera
Mon, Jun 21, 2010 9:19PM
We are 100% volunteer and depend on your participation to sustain our efforts!
Get Involved
If you'd like to help with maintaining or developing the website, contact us.
Publish
Publish your stories and upcoming events on Indybay.
Topics
More
Search Indybay's Archives
Advanced Search
►
▼
IMC Network