New Brunswick police showed up at the offices of New Brunswick Today to seize what the city said is stolen water meter
NEW BRUNSWICK -- Police have seized a water meter from a local independent newspaper office, a piece of city property that the publication says it had obtained as part of its reporting into an alleged utility scandal.
Local authorities say the meter is stolen property and could be part of the investigation of the utility.
City police showed up at the offices of the New Brunswick Today Monday just before 4 p.m. to serve a search warrant for a stolen city water meter. The warrant was signed by Middlesex County Superior Court Judge Colleen M. Flynn.
Charlie Kratovil, the editor and self-described community organizer, videotaped the exchange and called his lawyer, both of which are advised by the Electronic Privacy Information Center to protect journalists under the Privacy Protection Act of 1980.
In the video, police asked for any digital copies of the news report and question how the publication came across the water meter. The search was sparked by a Dec. 16 news report by Kratovil on Facebook Live.
Kratovil said the water meter was obtained through a confidential source as part of his investigation into the city's water department, which is embroiled in scandal. Just this month, the state's Division of Criminal Justice charged two city utility officials with bribery. Last year, the former director of the utility pleaded guilty to submitting false water purity test data.
Over the years, Kratovil and city police have had a contentious relationship. In one notable instance, police posed as a tipster to arrest the local reporter on charges that he violated a restraining order. Four months later those charges were dropped.
Bruce S. Rosen, an attorney specializing in first amendment and media law, said if the search was unfounded or in retaliation, then those involved in the search could be liable.
"If they don't have a bonafide reason to go after them, then he can sue," he said.
However, Rosen, who represents a reporter at the Trentonian ordered by a judge to limit its reporting on a child abuse case, told NJ Advance Media that local authorities didn't break any laws as long as police had a warrant and probable cause to seize stolen property.
"Reporters are still subject to the same laws as everyone else," he said. Rosen was the lead attorney on behalf of a consortium of news organizations which included NJ Advance Media seeking the release of the names of individuals who allegedly had knowledge of the scheme to shut down lanes at the George Washington Bridge before the Bridgegate scandal broke.
In a statement, Kratovil said, "that the NBPD and the Middlesex County Superior Court have once again over-reached beyond their legal authority in an Unconstitutional manner." The paper also said the seizure prevented the paper from investigating claims from the paper's source about the city's water meter.
"The City was well within its rights to retrieve its property," the mayor's office said in a statement. "Unfortunately, because of Mr. Kratovil's refusal to provide the meter, it became necessary to obtain a search warrant from a Superior Court Judge."
Kratovil said in the statement he had set up a meeting with Capt. J.T. Miller to speak with an investigator Thursday, where he was told to bring the meter.
Craig McCarthy may be reached at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig and on Facebook here. Find NJ.com on Facebook.