Posted: June 20th, 2017

More than a dozen students were injured last night when a fight broke out in the stands during your high school’s basketball game. The next morning, police — who saw photographers for the Student Times taking pictures of the melee — show up at your newsroom demanding the cameras’ memory cards. As editor of the newspaper, they inform you that they have launched a formal criminal investigation. They hand you a search warrant and tell you to stand aside so they can retrieve the cards. What should you do?

More than a dozen students were injured last night when a fight
broke out in the stands during your high school’s basketball game.
The next morning, police — who saw photographers for the Student
Times taking pictures of the melee — show up at your newsroom
demanding the cameras’ memory cards. As editor of the newspaper,
they inform you that they have launched a formal criminal
investigation. They hand you a search warrant and tell you to stand
aside so they can retrieve the cards. What should you do?
a. Unfortunately, there is really nothing you can do. The police have
an official search warrant and you must let them do their jobs
whether you like it or not.
b. Block their paths and order them out of the newsroom immediately.
The police are breaking the law and you have the right to stop them
from searching your newsroom and confiscating your staff’s work
product even if it means a physical confrontation.
c. Tell the police that you don’t want them searching your newsroom.
However, as a compromise, you can offer to make them copies of
the memory cards. You can also promise to have your
photographers submit a list of the names of students they
recognized last night.
d. Tell police in clear, unambiguous language that you do not consent
to their search and hand them a copy of the federal Privacy
Protection Act. Ask that the search be delayed until legal counsel
can be sought.