A raid on a Kansas newspaper likely broke the law, experts say. But which one?

A Kansas newspaper, the Marion County Record, found itself at the center of a controversy after law enforcement conducted raids on its offices and the homes of its publisher and a City Council member. The raids were prompted by allegations that a reporter from the newspaper had engaged in identity theft to obtain records. However, the situation was brought to light when court documents and statements from the newspaper's attorney, Bernie Rhodes, revealed that the reporter had actually used a publicly accessible state online database for her research.

The basis for the police actions stemmed from the belief of Marion Police Chief Gideon Cody that the reporter had accessed driver records of a restaurant owner, Kari Newell, and committed identity theft in the process. According to affidavits presented in support of the raids, Chief Cody alleged that the reporter had either impersonated the victim or provided false reasons for obtaining the records.

The newspaper contended that the raid was unwarranted and asserted that the reporter, Phyllis Zorn, had simply used a publicly accessible search engine provided by the state Revenue Department to access Newell's motorist history. This search engine allowed anyone to access driving records by providing basic information such as the individual's name, date of birth, and driver's license number.

The newspaper claimed that it had received an anonymous tip about Newell's past DUI conviction and sought to confirm whether it could impact her eligibility for a liquor license. The newspaper even consulted the police about the information it had acquired, a fact confirmed by Chief Cody's affidavits. Similarly, the City Council member targeted in the raids, Ruth Herbel, had also received the same unsolicited information about Newell's DUI.

The raids provoked strong criticism from advocates of press freedom, who argued that the actions violated constitutional rights. Recently, Marion County Attorney Joel Ensey conceded that the police lacked sufficient evidence to justify the raids and requested the return of seized property.

Legal experts, including Washburn University Law School Dean Jeffrey Jackson, emphasized that even if the newspaper had obtained Newell's personal information through questionable means, the appropriate course of action for the police should have been to use a subpoena rather than resorting to aggressive tactics. Jackson also highlighted that having the information in question was not inherently problematic.

The newspaper's stance was that it had not broken the law by using a publicly accessible website and that receiving information could not be deemed a criminal act. This perspective was supported by comparisons to historic cases such as the publication of the Pentagon Papers by the New York Times and the Washington Post, which were ruled legal by the Supreme Court.

As of now, county attorney Ensey and Chief Cody have not provided immediate comments on the matter.