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posted by martyb on Sunday August 28 2016, @01:45PM   Printer-friendly
from the wheels-of-justice dept.

https://theintercept.com/2016/08/26/sheriffs-raid-to-find-blogger-who-criticized-him-was-unconstitutional-court-rules/

An appellate court in Baton Rouge ruled Thursday that a raid on a police officer's house in search of the blogger who had accused the sheriff of corruption was unconstitutional. The Louisiana First Circuit Court of Appeals argued that Sheriff Jerry Larpenter's investigation into the blog ExposeDAT had flawed rationale: the alleged defamation was not actually a crime as applied to a public official.

The unanimous ruling from the three-judge panel comes after police officer Wayne Anderson and his wife Jennifer Anderson were denied assistance in local and federal court. "I love it when justice is tangible," Jerri Smitko, one of the Andersons' laywers, told The Intercept. "With that piece of paper it says that what they did was unconstitutional — that's a great feeling because you're holding it in your hand and it's vindication for people that they intended to oppress," she added.

The raid was sparked by the sheriff's investigation into who was behind the anonymous blog that accused local officials, including him, of corruption and fraud. Through a blog and a Facebook page called "John Turner," ExposeDAT used public records to show conflicts of interest. The sheriff sought warrants when Tony Alford, a local business owner, filed a criminal complaint about the blog. On August 2, Larpenter and his deputies raided the Andersons' house after they traced the IP address of the John Turner Facebook page through a warrant to AT&T. The information AT&T provided, according to an affidavit, gave the sheriff an address and a name: Wayne Anderson. The court found that the raid on the Andersons' house was unjustified.


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  • (Score: 0) by Anonymous Coward on Sunday August 28 2016, @09:36PM

    by Anonymous Coward on Sunday August 28 2016, @09:36PM (#394329)

    A sheriff is usually an elected position. If the electorate is convinced he/she sucks, they will be voted out. But one stupid mistake may not enough to persuade.