The constabulary main who oversaw nan sharply criticized raid of a section news outlet successful Kansas alleged a newsman was "either impersonating nan unfortunate aliases lying astir nan reasons why nan grounds was being sought" erstwhile she accessed nan driving records of a section business owner, according to antecedently unreleased tribunal documents.

The allegation is nan first nationalist reporting and proposal of grounds that whitethorn person led to nan Aug. 11 raid. Led by Marion Police Chief Gideon Cody, constabulary officers raided nan Marion County Record and seized computers, individual compartment phones, a router, and different instrumentality from nan newspaper. Police besides carried retired raids astatine 2 backstage residences, including nan location of nan paper's co-owners.

A signed hunt warrant, which was later withdrawn by nan region attorney, said constabulary were looking for accusation related to section restauranteur Kari Newell who had accused nan insubstantial of "illegally obtaining drunken-driving accusation astir her and supplying it to a assembly member," according to Meyer, who wrote astir nan incident in an article.

But nan newspaper's lawyer Bernie Rhodes told USA TODAY connected Sunday that nan insubstantial did not break immoderate authorities aliases national laws erstwhile newsman Phyllis Zorn obtained Newell's grounds done a nationalist authorities website.

"Zorn had each right, nether some Kansas rule and U.S. law, to entree Newell’s driver’s grounds to verify nan accusation she had been provided by a source," Rhodes said successful an email. "She was not engaged successful 'identity theft' aliases 'unauthorized machine access' but was doing her job."

All seized items were released Wednesday aft Marion County Attorney Joel Ensey withdrew nan constabulary department's hunt warrant. The lawyer had said, "insufficient grounds exists to found a legally capable nexus betwixt this alleged crime and nan places searched and nan items seized."

The incident has since received wide disapproval and sparked statement complete property freedoms aft respective news organizations condemned nan constabulary department.

"As I person said galore times successful nan past week, it is not a crime successful American to beryllium a reporter," Rhodes said successful an email. "These affidavits beryllium that nan only alleged 'crime' Chief Cody was investigating was being a reporter."

'Gestapo tactics': Police behaviour 'chilling' ambush of Kansas newspaper, publisher's home

Court documents propose entree to Newell's grounds arsenic logic for raid

According to tribunal documents provided to USA TODAY by Rhodes, Cody wrote successful an affidavit that nan Kansas Department of Revenue told him Newell's accusation was "downloaded directly" from nan section by Zorn and personification utilizing nan sanction "Kari Newell."

"Kari's sanction was listed 3 minutes aft Phyllis Zorn downloaded nan accusation according to nan Kansas Department of Revenue," nan affidavit states. "Downloading nan archive progressive either impersonating nan unfortunate aliases lying astir nan reasons why nan grounds was being sought."

Cody added successful nan affidavit that he contacted Newell who told him "someone evidently stole her identity."

The Marion County Record said it had looked into nan position of Newell's driver's licence - related to a 2008 condemnation for drunk driving - connected nan Department of Revenue's nationalist website aft nan newspaper received a tip. But nan newspaper only reported Newell's licence suspension erstwhile she revealed it during a City Council meeting.

The Associated Press reported that Zorn was instructed connected really to hunt records by nan section and nan newspaper had obtained Newell's driver's licence number and day of commencement from a source.

"Not to my knowledge was thing forbidden aliases wrong," Zorn told nan news agency.

Attorney: Affidavits not revenge until 3 days aft raid

Rhodes said nan affidavits were not revenge pinch nan territory tribunal until "three days aft nan forbidden searches were executed." He added that while nan affidavits "purport to beryllium signed" earlier a magistrate judge connected nan time of nan raids, authorities person not provided an mentation connected why they were not revenge beforehand.

Authorities are continuing their investigation into whether nan Marion County Record collapsed authorities laws. The investigation is now being led by nan Kansas Bureau of Investigation.

Cody had defended nan department's actions successful a Facebook station soon aft nan raid, saying nan national rule that protects journalists from newsroom searches makes an objection for “when location is logic to judge nan journalist is taking portion successful nan underlying wrongdoing.”

Contributing: Kayla Jimenez, USA TODAY; Associated Press