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Sealed warrant in ISU coach's case rare
The Des Moines Register ^ | 02/24/2003 | Tom Witosky

Posted on 02/24/2003 7:59:31 AM PST by pechuna

Only nine of 112 search warrants executed over the last 14 months in Story County have been sealed from public disclosure - and one of those is the unexplained search of Iowa State University's men's basketball coaches offices.

Court records show that Story County prosecutors obtained an order on Feb. 3 to seal a search warrant served on Iowa State assistant basketball coach Randy Brown. Prosecutors obtained the order by telling a judge that the investigation was in the preliminary stages and of a "highly sensitive" nature.

The warrant only will be opened if charges are filed, according to the order.

But a Des Moines Register review of all search warrants filed in the Story County Clerk of Court's office shows that the Brown case has received unusual treatment compared to most other criminal investigations conducted in Story County. Between Dec. 28, 2001, and Feb. 3, 2003, officials have served and left unsealed search warrants related to investigations of crimes that include drug peddling, steroid use, possession and distribution of child pornography, identity fraud and theft.

"My response is that there hasn't been enough time (for this investigation) to play itself out," Story County Attorney Stephen Holmes said last week. "When it is completed, you will see that there has been no kind of preferential treatment."

None of the authorities involved in the Randy Brown investigation - the Story County attorney's office, which asked for the warrant to be sealed; U.S. Postal Service inspectors, who conducted the search; Iowa State University Department of Public Safety officers, who assisted in the search; and federal prosecutors, who are handling the case - has been willing to explain why the search of state property was conducted one month ago today.

Brown, who has been on the Cyclone basketball coaching staff four years, has been on sick leave since Jan. 30.

Iowa State officials have confirmed only that a federal agency is conducting an investigation.

The search warrant related to the case was acted upon by U.S. Postal Service inspectors. They conducted a search at the offices of the Iowa State men's basketball program in Hilton Coliseum late in the evening on Jan. 24.

Most search warrants disclose the names of the investigating agency, the person or property being investigated and the probable cause authorities used to ask a judge for permission to conduct the search.

Among the search warrants made public in Story County were ones used by Ames police to investigate former Cyclone football player Justin Eilers for alleged steroid possession, as well as warrants used to investigate three Iowa State students for possession and distribution of child pornography.

The Story County attorney refused to speak directly about the Brown search warrant. But Holmes said his policy is to have warrants sealed when there is a likelihood of violence, the need to protect confidential informants, or an expectation that the investigation will be lengthy.

"Most of them are open," Holmes said. "But where there is a possibility of harm either physical or by publicity could be directed at an individual before charges are filed, it is appropriate to seal them."

He also said there are times when investigations must be protected because premature disclosure could create problems for police.

"Our approach is a practical one," Holmes said. "It is mostly either a potential for physical harm or damage to someone's reputation. During an investigation, we have to make sure a person isn't exposed either unduly or unfairly."

State law requires search warrants - once served - to be returned to the clerk of court's office in the county where the search took place. State law also requires that a police affidavit providing probable cause of illegal activity and a list of property taken by police be included in the return.

However, the law allows county prosecutors to ask a judge to seal the information.

A county prosecutor and former public defender agreed that there is no state statutory language permitting the sealing of search warrants. Instead, they said, judges and magistrates rely generally upon prosecutors' professional judgment when approving such requests.

"Judges and magistrates have an inherent power to seal search warrants," said Robert Rigg, a criminal law professor at the Drake Law Clinic and former criminal defense lawyer. "That happens generally when there is some kind of confidential informant involved or a belief that the investigation might lead them to other possible illegal activity."

(Excerpt) Read more at dmregister.com ...


TOPICS: Crime/Corruption; Government; US: Iowa
KEYWORDS: basketball; coach; computer; isu; usps
Rumors are rampant in Iowa about kiddie porn on a coach's computer at Iowa State. This disgusting possibility is the subject of many coffee shop or bar discussions.
1 posted on 02/24/2003 7:59:31 AM PST by pechuna
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To: pechuna
If the rumors are, in fact, true and as long as he committed no assaults against children then is the mere possession of child porn a crime? Isn't that thought crime?

Also, the SCOTUS has been unable to define "pornography." If they can't define it then who else feels that they can?

Everyone has their own definition of "pornography." No doubt Jerry Falwell thinks an exposed female ankle is pornography.

Just food for thought.....
2 posted on 02/24/2003 8:10:02 AM PST by PatriotGames (AOOHGA! AOOHGA! CLEAR THE BRIDGE! DIVE! DIVE! WHOOSH!)
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To: PatriotGames
If it is kiddie porn this guy is in big trouble. It is beyond heinous when innocent children are used and abused by porno profiteers.
3 posted on 02/24/2003 8:14:25 AM PST by babaloo
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To: PatriotGames
Possession of child pornography (simple definition, they're naked and/or they're involved in a sex act) is a federal crime. A child is defined as anyone under 18.

Because child pornography is covered by federal law and "age of consent" is state law, if the AOC in your state is 16, its legal to have sex with a 17 year old girl, but if you take a nude picture of her, you've just committed a federal felony.
4 posted on 02/24/2003 10:06:55 AM PST by Maximum Leader (run from a knife, close on a gun)
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