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Marion County Record newspaper raid: the sworn affidavit for the search warrant is essentially just the text of the search warrant
@Jessica McMaster:
JUST IN: I have the search warrant and the application for the search warrant. The application for the search warrant is just a copy and paste of the warrant. Staff at the recorder is in the phone with the court house now. They've given us access to their newsroom.
An affidavit is usually a chronological summary of the facts that establish the probable cause for the search warrant. In this case, the "affidavit" is essentially just the text of the search warrant. It has a small preamble added to it, stating that the police chief has probable cause to believe a crime has been committed. But there are no facts listed that establish probable cause.
So, is this implying "Meh, I just don't like what they say" is basically why the warrant was issued?
Hoo boy ... As things have trickled out so far:
The restaurant owner was trying to hide a old DUI conviction, because that could cost her restaurant a very lucrative alcohol license. She was aware that the newspaper was investigating the issue. She was feuding with the newspaper owner because she believed that the newspaper had already revealed her conviction to other people and would soon publish it. [Both of those fears were untrue.]
She's also been driving without a license ("out of necessity", she claims). The local police know about this habit and have refused to do anything about it. That's possibly because the owner of the hotel the restaurant is in gets to raise the rent a really nice amount once the liquor license is approved -- and the hotel owner is the brother of the District Attorney.
The newspaper is also investigating a dozen allegations that the local police chief (who only recently took office) left his last job due to multiple serious accusations of sexual assault. The police chief was also aware of the newspaper's investigation - and one of the computers that they took during the raid has the contact information of everyone who's made an allegation so far.
Nothing's come out about the judge so far; my best guess is that she signed the search warrant based on the kind of informal proceedings that often happen in small towns. For instance, something like the police chief saying, "Yeah, I'll get the paperwork to you later today, I was just passing by and thought I'd grab the warrant while I was in the neighborhood."
That's some wonderfully, over the top, small town nonsense.
I love it. If it wasn't the shitshow of legal enforcement...