Musk only did the monorail thing to these cities because he hates public transportation and wants to derail(pun intended) any kind of expansion of passenger rail.
Not surprised the attorney is making these moves, it’d be malpractice not to make the argument. The city’s prosecutor (or county or state) should have opened a criminal investigation into everyone involved and obtained search warrants.
Yeah. If they want access to personal accounts, they’ll need to show that official business was being conducted, and I don’t see that the article actually says that it was. Going through the court is the appropriate action here.
I don’t see what the city prosecutor has to do with it. This is similar to a FOIA request, just based on Kansas law, which is pretty clear:
The law states: “Public record” means any recorded informations, regardless of form, characteristics or locations, that is made, maintained or kept by or is in possession of: (A) Any public agency; or (B) any officer or employee of a public agency pursuant to the officer’s or employee’s official duties and that is related to the functions, activities, programs or operations of any public agency.
This guy’s cell phone is clearly “kept in the possession of an officer or employee of a public agency.” The city is arguing that asking for the cell phone is an “undue burden” efficiency is ridiculous on its face.
The reason that records acts like this are put in place is because the way you described it working would be a clear conflict of interest: the city prosecutor suing the city to turn over the records of an official, with an attorney hired by the city working to keep those records from being public.
They’re separate thoughts that are inconveniently in the same paragraph.
There’s nothing wrong with defense making this argument, any competent attorney would do the same.
This case generally should be subject to prosecution because the raid is so blatantly corrupt.
City prosecutors can absolutely sue city officials though in cases like this, they normally get a special prosecutor or someone from another jurisdiction (like the county or state) to avoid the conflict like you said. This records act has nothing to do with criminal prosecution, it’s about public disclosure. A prosecutor can just get a warrant. This is happening because the news organization is requesting the messages.
That law doesn’t mean that every public officer’s phone is an open book, it means that anything a public officer does in their public capacity on a private device is still subject to normal public records disclosures. You don’t get the entire phone, you get the public records (the relevant messages).
My guess, though I don’t know, is that the news organization has to somehow establish to some degree of confidence that there are public records on the personal phone, which I’m guessing they’ll be able to do.
Kari Newell, the business owner whose driving record Cody used as a premise to launch a raid on the newspaper and two homes, told the I-Team Cody directed her to delete text messages.
“He just said to me that he felt it would be beneficial if I deleted those text messages to just kind of remove the element of any connection between him and I that could be deemed inappropriate,” Newell said.
yeah. that’s not… suspicious at all. nope. Fuck these guys, though.
if you look into statistics of how many warrants are actually denied, you might be shocked. i wont, cuz ive seen it... but its <1% in some places.
the judges, and actually more acutely important in this process, the DA are a part of the corruption.
DAs are elected, and so, their motive already suspect. . they also have to work daily with the police department, and so, have incentive to be 'on their side'. the judges half the time are asleep doing whateverthefuck the DA is feeding them, and of course, no cop is every wrong for good-ol-white-boy reasons (this is not a southern phenomena) .
so imagine your typical small town with all this mild corruption and zero accountability on 'issued warrants'. welcome to the u-s-of-a
I've never quite understood why almost the whole American justice system is elected. I mean it's just asking to be abused when appointees are beholden to the money and power that got them elected in the first place.
I’ve never understood why people think having even fewer restrictions on how the justice system works, having even less public accountability and having an entire branch of government appointed by another branch with zero recourse for the public, could somehow result in LESS corruption.
Have you just not thought about this at all? Are you trying to tell me the Senate used to be less corrupt? Because oh boy
You wanted an answer to why judges aren’t appointed but, “that fosters corruption, look at this exactly comparable example of appointed government officials that get to decide law” and don’t think it’s related?
That is undoubtedly why the Marion County Attorney has now withdrawn the search warrants because, to use his own words, ‘insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and the items seized.’
Then why did the county attorney issue the warrant if there wasn’t enough evidence? Sounds like Marion county is corrupt.
Please see my reply to someone else's comment below (it's too long to subject people to twice). The short version is a mess of various people's greed, fear and corruption.
Yeah fuck that, they got caught and now just want to "withdraw" the search warrant that should've never been issued?
Nah we're gonna need to look into this a bit more. Why was the warrant issued? Who signed off on it? Who was the supervisor in charge when the raid happened? I'm concerned that there's more corruption and other invalid warrants.
Dig up all the dirt on these corrupt good ol'boy fucks. I guarantee this isn't the first time.
Anyone who’s spent time as the focus of the police or around our court system is aware of what a joke search warrants are. The police just need to claim they have a confidential informant who saw something. That’s sadly enough in most of the country. Funny, the CI is nowhere to be found when they don’t find anything on the search and it’s the warrants credibility is questioned by someone with enough money to have a lawyer investigate. Then if they do find something someone who needs a minor charge to disappear definitely saw whatever needed to be seen for the warrant. It’s insanely corrupt. The unreasonable search and seizure part of the US constitution is violated hundreds of times a day.
Well… I mean, people donated to the charity for anti-crime reasons and that led to a police officer being charged for embezzling from that charity. Therefore, the charity is working as intended and as such police officer is not actually guilty of a crime. Quad ergot defenestration.
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