Kansas newspaper and police chief disagree over how a journalist obtained documents that led to raid

Wikipedia map, adapted

“The police chief who led the raid of a Kansas newspaper alleged in previously unreleased court documents a reporter either impersonated someone else or lied about her intentions when she obtained the driving records of a local business owner,” according to an Associated Press report.

The records were obtained through a state website. Bernie Rhodes, an attorney representing the Marion County Record, and newspaper reporter Phyllis Zorn deny doing anything illegal.

The AP reported that Marion Police Chief Gideon Cody wrote in an affidavit that “downloading the document involved either impersonating the victim or lying about the reasons the record was being sought.” Zorn said she obtained the information from the website. “Not to my knowledge was anything illegal or wrong,” she said, according to the AP.

Cody led an Aug. 11 raid on the newspaper that seized computers, personal cellphones and a router, according to the AP. The items were released last Wednesday after a prosecutor determined there wasn’t sufficient evidence to justify the seizure.

The raid led to widespread criticism from journalists and news organizations.

According to the AP report, “Some legal experts believe the Aug. 11 raid violates a federal privacy law that protects journalists from having their newsrooms searched.”

UPDATE: The state Revenue Department said Zorn's search was legal, the Kansas City Star reports, quoting spokesman Zach Denney: “As long as the requestor has the required information, this information is public record and available online.” Zorn said her tipster provided that information.