$16.00 donated in past month
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Mon Dec 13 2010 (Updated 05/09/11)Indybay Reporter Files Federal Civil Rights Lawsuit Against UC Police
Mon Dec 13 2010 (Updated 05/09/11)Veteran Journalist Who Quashed Illegal Search Warrant for His Photos Sues UCPD
Indybay reporter David Morse has filed suit against University of California, Berkeley Police in federal court for violations of the First, Fourth and Eighth Amendments and for violations of a federal law barring the use of search warrants for unpublished journalistic materials. The lawsuit follows Morse’s successful motion to quash a search warrant issued for his unpublished news photographs.
Morse, a 42-year-old journalist who has covered hundreds of stories for Indybay and other outlets, was arrested a year ago at the scene of a UC Berkeley protest after police allowed a group of demonstrators, many of whom were wearing masks, to flee. Morse’s arresting officer pulled his car up to Morse and said, “I saw you take a picture of us. We want your camera.” Officers arrested Morse despite the fact that he informed them of his journalist status six times and denied all wrongdoing.
UCPD officers jailed Morse, then increased the charges against him in order to buy themselves time to prepare a misleading search warrant affidavit that omitted any mention of Morse’s newsgathering activities. The First Amendment Project successfully quashed that search warrant in June on the basis that it violated Section 1524(g) of the California Penal Code, which absolutely bars search warrants for unpublished journalistic materials. Federal law also bars such warrants.
Although Morse’s charges were dropped at his first court appearance, UCPD refused to return his images for more than six months and even made surveillance photographs of him when he attempted to retrieve them in person.
The federal suit seeks damages against the various defendants, as well as a judicial order mandating additional training. High-ranking UCPD officers are separately being sued under similar causes of action by the ACLU and Electronic Frontier Foundation for searching a newspaper office at the Long Haul in 2008, litigation that was ongoing at the time of Morse’s arrest. Nonetheless, UCPD Captain Margo Bennett has been quoted as stating that UCPD has not considered changing the way it deals with journalists.
Morse is represented by First Amendment Project and Gross Belsky Alonso, LLP.
Press release and court filings | The seized photographs | Previous coverage: Indybay Reporter Succeeds in Quashing UCPD Search Warrant | Eight Arrested at UC Berkeley After Concert and March | Days of Action Against the Tuition Hikes | Affidavit Discloses UCPD "Cause" for Raid on Long Haul Infoshop | UCPD and Feds Raid Long Haul Infoshop in Berkeley
Judge Orders Oakland Police Reforms, Says Mayor Schaaf Did Not Honor Her Word Monday Jul 17th 6:04 PM
Campaign to defund OPD challenges Oakland City Council Sunday Jul 16th 2:51 PM
Protesters Shut Down Oakland City Council Meeting, Call for Budget That Responds to Oakland's Needs Sunday Jul 16th 2:47 PM
Prosecution Not Promotion - Protest OPD Promotions Ceremony Thursday Jul 13th 4:10 PM
Berkeley: Trump Supporters Kicked Out of Town by Community (10 comments) Sunday Jul 9th 11:49 AM
Shut Down YIMBY Town (2 comments) Saturday Jul 8th 3:49 PM
Act for Mumia’s Freedom, Free Mumia! End the DA’s Cover-Up! Monday Jul 3rd 10:16 AM
Legislature Advances Bill To Stop Secret Surveillance In California Thursday Jun 29th 2:41 PM
John Ramondetta Exposed to Berkeley Community as Neo-Nazi Organizer Thursday Jun 29th 12:45 PM
Oakland Calls for Trump Impeachment (2 comments) Wednesday Jun 28th 5:30 PMMore Local News...
[ × close ]
Report On Cuban Labor Movement & Cuba's Health and Tourism Union by Victor Manuel Lemagne, Friday Jun 30th 9:19 PM
KPFA Pacifica WorkWeek Looks At NNU Single Pay Campaign And CWA West AT&T Contract Fight Friday Mar 31st 2:37 PM
Korean Labor And The Impeachment & BAAQMD Retaliation And Document Destruction Monday Mar 20th 5:07 PM
HUD Secretary Ben Carson supports $6.2 billion in budget cuts to HUD (1 comment) Friday Mar 17th 3:52 AM
In condemned remarks, HUD Secretary Ben Carson calls slaves “immigrants” Monday Mar 6th 9:07 PM
HUD Secretary Ben Carson leads subsidized renters & union employees into uncertain future Friday Mar 3rd 1:57 AM
Milo Yiannopoulos' false narratives and liberals cherry picking the left. Sunday Feb 5th 7:14 AM
Should someone 5150 Trump for being a threat to himself and everyone else? (1 comment) Saturday Jan 14th 8:19 PM
Mumia Wins Federal Court Victory On Hep-C Treatment! Thursday Jan 5th 8:22 PM
Trump accuses millions of voting illegally this past election (2 comments) Monday Nov 28th 6:15 PMMore Global News...
[ × close ]
THE WARRIORS: WHEN WILL THE EXCESSES OF PROFESSIONAL SPORTS END? Wednesday Jul 19th 11:22 PM
UK Wars R US: exMI5 on agent Tunworth Manchester op...7-18-17 Mouse Report Tuesday Jul 18th 2:42 PM
Omni & Food Not Bombs RASISM torwards INDIGENOUS Community Thursday Jul 13th 1:48 PM
Calling out left's Russia bs...7-11-17 Mouse Report (1 comment) Tuesday Jul 11th 3:37 PM
Anna Mae Discovers America...Celebration Cancelled...7-4-17 Mouse Report (1 comment) Tuesday Jul 4th 2:39 PM
Killing the Co-worker...6-27-17 Mouse Report Tuesday Jun 27th 10:51 PM
Wonder War...6-20-17 Mouse Report (1 comment) Tuesday Jun 20th 1:44 PM
30 OPD officers Guilty (No Firings) of Child Molestation/Pimping as City Pays 1 Million (1 comment) Monday Jun 19th 11:12 AM
Behind Russia-gate...6-12-17 Weapons Stn. Protest...6-13-17 Mouse Report Tuesday Jun 13th 3:28 PM
Fracked black box 3/5 voters hacked...6-6-17 Mouse Report Tuesday Jun 6th 7:41 PMOpen Newswire...
[ × close ]