This article is more than 1 year old

This article is more than 1 year old

The union representing San Francisco police officers is calling for the city’s police chief to resign, over his handling of raids on the home and office of a freelance journalist.

San Francisco politicians champion civil liberties - but back police raid on journalist Read more

William Scott acknowledged on Friday that the searches were probably illegal and apologized for the way his department handled the investigation into who leaked to reporter Bryan Carmody a confidential police report into the unexpected death of the city’s former public defender.

California’s shield law protects journalists from search warrants. Scott said the paperwork seeking court approval of the raid did not adequately identify Carmody as a journalist. He blamed department investigators for their “lack of due diligence”.

“I’m sorry that this happened,” Scott told the San Francisco Chronicle.

But the police union fired back on Saturday, saying Scott ordered the investigation, knew Carmody was a journalist and deceived the sergeant who wrote the search warrant.

Scott did not immediately return a request for comment.

Because the warrants are under seal, it’s not known what information police provided to support the searches or to what extent they disclosed that Carmody is a journalist.

Scott said he has reviewed all material related to the searches and he was concerned the initial warrants didn’t adequately identify Carmody as a journalist.

“The description of what his role entails as a journalist – there should have been more clarity there,” Scott said. “That is going to be a concern that has to be explored further.”

Carmody was handcuffed for six hours on 10 May while police armed with a sledgehammer searched for evidence to determine who provided a confidential police report on the death of the late public defender, Jeff Adachi, after he refused to reveal his source.

The case alarmed journalism advocates and put pressure on elected leaders in the politically liberal city to defend the press.

Scott initially defended the raid, telling the city police commission his department went through the appropriate legal process.

On Tuesday, Scott said Carmody “crossed the line” and said he suspected the journalist took part in a criminal conspiracy to steal an internal police report, motivated by profit or animosity toward Adachi.

Carmody said he did not pay for the report or conspire to steal it but simply acquired it as part of his work as a journalist.

San Francisco’s mayor, London Breed, had requested the independent investigation into the way police handled the leak and the internal affairs investigation, which could lead to discipline for officers. Scott said the department will not use any evidence seized in the raids.

Reporters and other first amendment organizations want a judge to revoke search warrants that authorized the raids and to unseal the materials submitted in support of them.

“We’re encouraged by the chief’s apology but we think there needs to be real reform here,” Carmody’s attorney, Ben Berkowitz, said. “The city needs to take steps to make sure nothing like this happens again to journalists.”