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FuglyDuck ,
@FuglyDuck@lemmy.world avatar

There’s definitely probable cause for the newspaper search.

Did you read the Privacy Protection Act, I did. let me quote the relevant section here for you:

(a) Work product materialsNotwithstanding any other law, it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize any work product materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce; but this provision shall not impair or affect the ability of any government officer or employee, pursuant to otherwise applicable law, to search for or seize such materials, if—

(1) there is probable cause to believe that the person possessing such materials has committed or is committing the criminal offense to which the materials relate: Provided, however, That a government officer or employee may not search for or seize such materials under the provisions of this paragraph if the offense to which the materials relate consists of the receipt, possession, communication, or withholding of such materials or the information contained therein (but such a search or seizure may be conducted under the provisions of this paragraph if the offense consists of the receipt, possession, or communication of information relating to the national defense, classified information, or restricted data under the provisions of section 793, 794, 797, or 798 of title 18, or section 2274, 2275, or 2277 of this title, or section 783 of title 50, or if the offense involves the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the sexual exploitation of children, or the sale or purchase of children under section 2251, 2251A, 2252, or 2252A of title 18); or

(2) there is reason to believe that the immediate seizure of such materials is necessary to prevent the death of, or serious bodily injury to, a human being.

Neither condition was met. the journalists themselves did nothing wrong. they received the information. They broke no laws to do so. The standard way of dealing with that is, instead, to get a subpoena for the specific files. they did not do that. nobody was at risk of death or serious bodily injury as a result of not getting the files- and it’s patently ludicrious to suggest that the newspaper would delete their files when they could just as easily appeal such a subpoena- considering that pretty much everybody involved on the sheriff side had a bone to pick with the paper (who was investigating the sheriff for corruption) and could in no way be impartial investigators.

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