When a reporter would not betray his source, police came to his home with guns and a sledgehammer

[mikeyp]

When a reporter would not betray his source, police came to his home with guns and a sledgehammer

The banging jolted Bryan Carmody awake. Outside his San Francisco home Friday morning, the longtime journalist saw a throng of police officers with a sledgehammer, trying to break down his front gate.

Carmody told the eight to 10 officers he would only let them in with a search warrant. Police confirmed a judge signed off on their barging into his home. Then the officers drew their guns and scoured his residence. When police left, they carted away his notebooks, computers, cameras, phones and even his fiancee’s iPod from her college days.

“I knew what they wanted,” Carmody told The Times. “They wanted the name.”

A few weeks before, he said two San Francisco police officers — a sergeant and a lieutenant — knocked on his door and “cordially” asked him to identify the source who shared a confidential police report into the Feb. 22 death of San Francisco Public Defender Jeff Adachi.

 

[drgrant]

Welcome to San FranSicko.....

 

[Kevin_NH]

Missing from the above:

A judge signed off on search warrants, which stated officers were investigating "stolen or embezzled" property, the newspaper reported Saturday. Authorities said the raid came during an ongoing probe into who leaked a confidential police report about the Feb. 22 death of San Francisco Public Defender Jeff Adachi.

While he was shackled, officers got a second warrant to search his newsroom, where police seized a thumb drive, CDs and, inside a safe, the leaked police report about Adachi's death, the Times said.

This suggests that Bryan Carmody possessed a physical copy of the police report, the police had a warrant for that physical property, and they found the item they were looking for.

Question is, per 42 U.S. Code § 2000aa, shouldn't this have been executed as a subpoena (giving him a chance to respond in court) rather than a search warrant served by sledgehammer?

 

[Junior314]

Missing from the above:

This suggests that Bryan Carmody possessed a physical copy of the police report, the police had a warrant for that physical property, and they found the item they were looking for.

Question is, per 42 U.S. Code § 2000aa, shouldn't this have been executed as a subpoena (giving him a chance to respond in court) rather than a search warrant served by sledgehammer?

Probably.

But why do that when you can break out the armored vehicles and SWAT gear to remind the little people who is in charge.

 

[Dadstoys]

If he's a raging liberal d-bag media person ZFG.
It's the kind of government they push for every day.

 

[Deleted member 67409]

Missing from the above:

This suggests that Bryan Carmody possessed a physical copy of the police report, the police had a warrant for that physical property, and they found the item they were looking for.

Question is, per 42 U.S. Code § 2000aa, shouldn't this have been executed as a subpoena (giving him a chance to respond in court) rather than a search warrant served by sledgehammer?

Federal statutes kinda sorta aren't applicable in state courts. The state court just has to not violate Federal law (like say keeping ICE outside and telling a court reporter to mute the mike and hustling an illegal out the backdoor).

Local cops and prosecutors work within the framework of state law. They follow state rules of evidence, state rules of criminal procedure, and state statutes and case law. The Feds have to follow Federal statutes, not the locals. Now, assuming sledging into the reporter's house is actionable under 42 USC 1983 and the reporter gets a lawyer who's willing to take up the claim (1983 claims aren't very successful often), then the case would probably proceed in Federal court and would use Federal statutes (1983 is Fed) and case law.

In theory, states are supposed to afford their citizens more rights than what the Feds do. The Federal protections are the "rights floor" and the states are supposed to protect their citizens more than what Federal law does.

IANAL

 

[Deleted member 12999]

Good. That will teach him to think twice before disobedience.

Just think... If they had taken his guns and stayed the night... We'd have a quadruple amendment ass wiping session.

 

[Deleted member 67409]

If he's a raging liberal d-bag media person ZFG.
It's the kind of government they push for every day.

I tried to find a bio but the guy's freelance:

San Francisco police raid freelancer Bryan Carmody's home

If someone was very intrigued in checking this guy out, you could search his social media.

 

[xtry51]

Who is dumb enough to store shit like that at home?? That's the kind of stuff you give to your lawyer or use a safety deposit box for.

You don't keep evidence against the police in your house. That's a rookie mistake.

 

[Waher]

Who is dumb enough to store shit like that at home?? That's the kind of stuff you give to your lawyer or use a safety deposit box for.

You don't keep evidence against the police in your house. That's a rookie mistake.

I seem to recall Michael Cohen's office getting raided and a safety deposit box isn't secure from search either under certain circumstances.

 

[MisterHappy]

Who is dumb enough to store shit like that at home?? That's the kind of stuff you give to your lawyer or use a safety deposit box for.

You don't keep evidence against the police in your house. That's a rookie mistake.

Someone that believes that they're protected as a journalist?

 

[Kevin_NH]

Someone that believes that they're protected as a journalist?

He probably would've been protected by California's shield law... if somebody had bothered to tell the judge he was a "Journalist".

 

[JayMcB]

This guy could be to the left of Michael Moore, and I still object to the JBT thuggery of the SFPD

 

[Bob P]

This guy could be to the left of Michael Moore, and I still object to the JBT thuggery of the SFPD

This

 

[Peicemaker]

This guy could be to the left of Michael Moore, and I still object to the JBT thuggery of the SFPD

I agree, but this shitlib just got a taste of his own medicine. You want uncontrolled mass migration from the third world, gun control and a police state? Well here ya go, commie. Hows it feel? Hows that boot feel? You gonna lick it now? Hahahahaaaa!

 

[Blackmore]

SAFE deposit box. Jeez!

 

[Picton]

I thought they found the leaked report in a safe at his work, and not at his house. Did I read that wrong?

Either way, I hope this "evidence" gets suppressed. They were clearly fishing for evidence of someone they could take revenge against. This wasn't an "embezzlement investigation."

 

[FalArAk]

Probably.

But why do that when you can break out the armored vehicles and SWAT gear to remind the little people who is in charge.

And most importantly,justifying next years budget !

 

[Kevin_NH]

I thought they found the leaked report in a safe at his work, and not at his house. Did I read that wrong?

Article describes him as a "Freelance Journalist", so I thought at first he worked from home, but then

officers got a second warrant to search his newsroom where police seized a thumb drive, CDs and, inside a safe, the sought-after police report about Adachi’s death.... Burke said he did not know whether the judges were aware Carmody was even a journalist.The search has brought Carmody’s business, North Bay News, to a halt

This seems to suggest the "newsroom" was a separate location, and "police report" was a physical document, not a digital copy.

 

[Picton]

That’s why I was confused.

Odd. “His newsroom” is a weird formulation.

 

[Rob Boudrie]

I seem to recall Michael Cohen's office getting raided and a safety deposit box isn't secure from search either under certain circumstances.

1. scan
2. shread
3. scan 9 other documents of similar size
4. encrypt all in separate files, memorizing only the password to the important one
5. Now, you cannot prove compliance and the court cannot prove non-compliance

 

[308rifleman]

Welcome to San FranSicko.....

I understand, but I hope that these unjustified SWAT raids do not trigger a demand for anti-armor weapons. Even primitive ones like Bazookas and Panzerfausts would be more than a match for SWAT trucks. RPGs and LAWs would be even more effective. We all know that demand will be met by supply. Another cash crop courtesy from our "friends" south of the border.

 

[milktree]

I can’t believe any of you think this is anything other than appalling, even if Carmody is a dirtbag.

Rights apply to everyone, even people too stupid to know they’re working against their own interests.

And to suggest that any police overreach against a reporter is remotely acceptable within the First Amendment is shocking.

 

[amm5061]

I understand, but I hope that these unjustified SWAT raids do not trigger a demand for anti-armor weapons. Even primitive ones like Bazookas and Panzerfausts would be more than a match for SWAT trucks. RPGs and LAWs would be even more effective. We all know that demand will be met by supply. Another cash crop courtesy from our "friends" south of the border.

This is why I say yes when anyone is dumb enough to ask if I believe people should be allowed to own rocket launchers. This is exactly why.

 

[fishgutzy]

Welcome to San FranSicko.....

That is precisely the government style they vote for an support. They love it when those they hate are on the receiving end of tyranny. They impose tyranny and support the violence of fascists like ANTIFA every day.
Now they are discovering that tyranny loves power and doesn't care who gets in the way.

 

[firestorm]

That is precisely the government style they vote for an support. They love it when those they hate are on the receiving end of tyranny. They impose tyranny and support the violence of fascists like ANTIFA every day.
Now they are discovering that tyranny loves power and doesn't care who gets in the way.

Before we go off on a crusade cheering when the state invades and steals from a reporter because they won't reveal their sources perhaps you have some of his writings where he personally wished this on anyone else? I don't care how he votes, I may disagree with the things he says or believes. I will not ever be on the side of the police raiding people because they made the state look stupid or are exposing bad acts of state employees.

 

[fishgutzy]

Before we go off on a crusade cheering when the state invades and steals from a reporter because they won't reveal their sources perhaps you have some of his writings where he personally wished this on anyone else? I don't care how he votes, I may disagree with the things he says or believes. I will not ever be on the side of the police raiding people because they made the state look stupid or are exposing bad acts of state employees.

I just find it ironic that when the system they support turns on them they suddenly change their tune. Still not right no matter whose rights are being trampled.
San Fransicko is a hell hole.

 

[firestorm]

I just find it ironic that when the system they support turns on them they suddenly change their tune. Still not right no matter whose rights are being trampled.
San Fransicko is a hell hole.

Ironic definitely, although even having stuff like this happen to people is sometimes not enough to get them to rethink their nonsense ideas. All of CA is a hellhole, and I feel bad for anyone that still lives there.

 

[friscoeast]

Tucker had a piece on homeless people in San Francisco last night. Pretty depressing!

 

[enbloc]

...and a sledgehammer

"Fore!"