$36.00 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of the First, Fourth and Eighth Amendments and for violations of a federal law barring the use of search warrants for unpublished journalistic materials. The lawsuit follows Morse’s successful motion to quash a search warrant issued for his unpublished news photographs.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on the basis that it violated Section 1524(g) of the California Penal Code, which absolutely bars search warrants for unpublished journalistic materials.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
Community Memorial for Richard Perkins Jr. on the 1-Year Anniversary of His Murder by OPD Sunday Dec 4th 5:28 PM
Oakland officials are responsible for Ghost Ship warehouse fire (10 comments) Sunday Dec 4th 1:42 AM
Court Document & Video: Berkeley Students Sue BUSD for Racially Targeted Interrogations (1 comment) Wednesday Nov 30th 5:11 AM
Help Open Uhuru Jiko Community Kitchen in Oakland, CA #GivingTuesday Monday Nov 28th 9:21 AM
Latinx Worker Coop Coffee Shop in Oakland Seeking Support (1 comment) Sunday Nov 27th 12:01 PM
HUFFing and Puffing: A Warm Wind from Berkeley (8 comments) Sunday Nov 27th 8:56 AM
Berkeley Homeless Ask for Community Support Saturday Nov 26th 3:16 PM
Demand CitiBank Stop Funding the DAPL (2 comments) Thursday Nov 24th 6:48 PM
National Lawyers Guild Confronts Oakland Police Brutality During Early Anti-Trump Protests (audio) (1 comment) Thursday Nov 24th 3:10 PM
Lawsuit Launched to Protect Wildlife Habitat From Off-road Vehicle Park Expansion Wednesday Nov 23rd 11:58 PMMore Local News...
[ × close ]
Trump accuses millions of voting illegally this past election (2 comments) Monday Nov 28th 6:15 PM
As Protests Gain Momentum In Bay Area, Trump Campaign Is Scrubbing His Website Thursday Nov 10th 9:29 PM
This Week in Palestine, November 4th, 2016 Friday Nov 4th 5:42 PM
Bullied Wells Fargo Workers, Corruption & OSHA Cover-up (1 comment) Wednesday Oct 5th 1:24 PM
WW CA Farmworkers Getting 8 Hour Day & Attacks On Workers Comp By DIR and Governor Brown (1 comment) Wednesday Aug 31st 8:28 PM
This Week in Palestine, July 29th, 2016 Friday Jul 29th 9:58 PM
Palestinian Workers, Human Rights, US Labor & Zionism (3 comments) Wednesday Jul 27th 10:56 PM
This Week in Palestine, July 22nd, 2016 Friday Jul 22nd 6:16 PM
Joleen Brown: Families First and Helping Others is the Key to Native Hoop Magazine Saturday Jun 11th 1:56 PM
Academic Peer Review: Simon Springer and ‘Anarcho-Geography.’ Tuesday Apr 19th 7:01 PMMore Global News...
[ × close ]
"Crisis in Pacifica - our choices for survival" agenda item at the November 19, 2016 KPFA (1 comment) Thursday Dec 1st 4:03 PM
Adios a Bill Mandel y Fidel Castro...11-29.16 Mouse Report (1 comment) Tuesday Nov 29th 3:35 PM
KPFA WorkWeek On Korea General Strike, Labor Elections and IBT and Muslim Registration (1 comment) Friday Nov 25th 5:19 PM
Why Health Care Should Be a Human Right Tuesday Nov 22nd 4:04 PM
Foul Murder Day Mouse Report (1 comment) Tuesday Nov 22nd 2:16 PM
KPFA UCR Faction Joins With "Save KPFA" To Push Transfer Of Stations To "non-profit" (2 comments) Tuesday Nov 22nd 9:42 AM
Saved by cesspool?...11-15-16 Mouse Report (1 comment) Tuesday Nov 15th 2:08 PM
Podesta gang crimes...11-8-16 Mouse Report (1 comment) Sunday Nov 13th 9:53 PM
Dixie plantation blues...11-1-16 Mouse Report (1 comment) Tuesday Nov 1st 3:03 PM
BART director running for re-election moonlights as Uber driver (1 comment) Monday Oct 31st 9:19 AMOpen Newswire...
[ × close ]