San Francisco, California, Brian Carmody discussed on Forum

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Story that involves the death last February of San Francisco public defender Jeff Adachi on Friday morning, ten San Francisco police officers and at least two federal agents used as fledge hammer to raid the home of Brian comedy, the freelance journalists who publish details about a death comedy is vowing to protect his sources free speech advocates call the rate outrageous and possibly politically motivated and in this segment. We'll find out what happened or at least try to find out what happened in the constitutional questions issue. Joining us Katy Hudson. Good morning Sonia. Good morning, Mike and Ted Gobert. Ted morning. Hi. So so let's begin with you. Where are we with this put us up to date? So we know so far is that on Friday morning Carmody is apartment and office were raided by San Francisco police who they had a search warrant for both of them. They. Confiscated, you know, several computer several cell phones. Several flash drives a couple of cameras. Basically, what comedy has said everything he needs to run his business as a freelance journalist, they kinda came to his security gate with with literal sledgehammers, he posted some photos on his Twitter feed, and they tried to knock on his door Carmody came out. And he said, you know, hey, wait, like all open the door for you. If you have a search warrant, please don't damage my property. They came in search his apartment with their guns. Hell again, all this information is is comedies account that he that he told me over the weekend beginning an opposite counter narrative from the police they have not said a lot about this. They just kind of gave us a couple of statements over the weekend. That were statements of fact, you know, saying this is a part of our investigation into what they call the illegally released. Police report connected to death and there are committed to. Investigating this. And that's that's basically all they've said, I've sent them several follow up questions, but they're still referring to that. Pretty basic statement. There's a big historical context of the government and police were not exactly friendly or inclined toward Jeff Adachi. No, that's true. And actually the historical context Sonya, and I have been discussing this morning is this is not the first time. The San Francisco police department has been in terms advocates would describe overly aggressive against journalists in San Francisco, you may remember more than a decade ago. There was journalist by the name of Joshua wolf. He was also a freelance in this case video blogger he took a video of a protests that got out of hand in San Francisco's mission district he'd sold some of that video to local TV stations, the San Francisco police department also federal authorities wanted the the raw footage of that particular incident, and he did not give that to them. And he ended up going through a long legal saga that put him in federal prison for a. A very long time. I remember he was here on the foreign program. In fact. Yeah, indeed and the constitutional questions here. You know, it's interesting, I'm not an expert on California's shield law. But I know that this is the very issue that advocates like the society of professional journalists and the first amendment advocates that I know Sonya has spoken to they are wanting to look into whether or not the raid at Brian Carmody is home and office violated a state law, and they're doing it. I assume aren't they? Yeah. Carmody has I lawyer that's representing him. He's you know, I in talks with the police about this. And also all the advocates, and I lawyers that I've talked to have said this is a really clear violation of the California shield law, which is is different from federal law, essentially, what the California shield law does as it's been explained to me is it it it does not allow police or prosecutors to compel to compel journalists to give up their confidential sources, even if that source gave the journalists information that was obtained illegally which police say was the case here, we have David Snyder whose California first amendment coalition and David join us welcome to the program. Beer, tell us what's going on from your perspective in this. Well, california. Why is could not be more clear that we are not allowed to use search warrant to get the police here, we're trying to get and so unless there's some other shoe to drop some detailed. We don't know was pretty plainly lawful. Search the reason that California law prohibits search Royce here is because they are executed without any notice. So the subject of search warrant has the opportunity to contest it if the police wanted to get the information there after they could use the subpoena, which provides for notice provides her opportunity for that. You're listening to court explain why are titled jets records they want. They decided not to do that here in the process by California law. And what is comedy thing about this? Have you talked to him? I talked to him. He called me fry not long after he released by police back can't really speak for him. But he was aware as he should have been as what happened wrong faith, all digital bystander stand and a whole raft is other materials and again doing so they violated California law really chilling message journalist, I've just San Francisco California that all around the country. I mean, this kind of thing you expect it a terrier shape. Francisco. What about the location since he's a freelancer here? How do you see that? It doesn't matter the laws clear that tree Lancers are protected under California shield law. So it, you know, the fact that he doesn't pull a salary rap, and he's organization is relevant. He he's a journalist back journalists and the police were looking for information that hip pained as as working journalists Snyder California first amendment coalition, David thank you for joining us. I'm gonna invite listeners to join us. Also, get a response from our to reporters in studio to the statement that was put up by the F PD on this. But I let me give you the number. If you would like to join us, you can if you have questions or concerns that you'd like to express or anything about what we are now discussing you are welcome to be part of the program and the toll free number to be part of the program is.

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