$158.00 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of the First, Fourth and Eighth Amendments and for violations of a federal law barring the use of search warrants for unpublished journalistic materials. The lawsuit follows Morse’s successful motion to quash a search warrant issued for his unpublished news photographs.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on the basis that it violated Section 1524(g) of the California Penal Code, which absolutely bars search warrants for unpublished journalistic materials.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
Scott Sternberg of Beverly Hills is behind Richmond’s mass evictions (1 comment) Thursday Aug 25th 4:45 PM
Mayor Schaaf Accused of Promoting Acting Police Chief Without Notifying Public Wednesday Aug 24th 7:52 PM
Hacker houses are proliferating in the Bay Area (1 comment) Monday Aug 22nd 10:34 PM
Video of Newark PD Shooting Teo Valencia in the Back Monday Aug 22nd 3:32 PM
Teo Valencia family filing federal lawsuit against City of Newark Monday Aug 22nd 10:06 AM
Danny Haber and Alon Gutman target tenants with eviction and higher rents (1 comment) Sunday Aug 21st 9:06 PM
James Kilpatrick is sued by China Town tenants and Oakland City Attorney Sunday Aug 21st 1:23 AM
Stop Urban Shield: Mass Mobilization Friday Aug 19th 10:38 AM
Where The Bulletproof Warrior Went Thursday Aug 18th 2:36 PM
HUD policies threaten poor, elderly, disabled, and low-income people with eviction Wednesday Aug 17th 6:15 PMMore Local News...
[ × close ]
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 PM
KPFA WorkWeek Radio On Chicago Teachers Strike, Closure Of Oak Trib & ILWU May Day Action Sunday Apr 10th 3:42 PM
OSHA Chief Michaels and DOL Secretary Perez In Corruption Scandal At DOL/OSHA Thursday Mar 31st 5:37 AM
Mary Kay Henry - Members Demand Say Aside The Rigged Election Results In SEIU 1021! (1 comment) Sunday Mar 27th 11:34 PM
This Week in Palestine, March 4th, 2015 Friday Mar 4th 9:27 PM
WW2-2-16 UAL IBT Contract Fight And Flint Water, Labor And The UAW Wednesday Feb 3rd 11:30 PMMore Global News...
[ × close ]
Doctors of denial...8-23-16 Mouse Report (1 comment) Tuesday Aug 23rd 1:47 PM
Nagasaki day, cry 4 R sham, guide to the end of the world...8-9-16 Mouse Report Tuesday Aug 9th 2:25 PM
US can't deal with Rich...8-2-16 Mouse Report (1 comment) Tuesday Aug 2nd 3:17 PM
Rapid Deployment Corps-NATO Gladio B-Turkey...7-26-16 Mouse Report (1 comment) Tuesday Jul 26th 3:01 PM
CA lawyer & wife of former "Save KPFA" board member Sarv Randhawa Gives Prayer For Trump Wednesday Jul 20th 1:01 AM
28 Page Friday news dump...more hijacker myth lies...7-19-16 Mouse Report Tuesday Jul 19th 1:59 PM
Progressive Norman Solomon Joins with Neocon Robert Kagan Sunday Jul 17th 9:09 AM
Dixie Mafia Doctor Kills King...7-5-16 Mouse Report (2 comments) Tuesday Jul 5th 3:06 PM
Condition November: TripleVice and the 'Bay of Pigs thing'...6--28-16 Mouse Report (1 comment) Tuesday Jun 28th 1:48 PM
Ali Explains Orlando...6-21-16 Mouse Report Tuesday Jun 21st 2:28 PMOpen Newswire...
[ × close ]