Channel A Reporter Files Appeal in Court: "Search and Seizure Illegal... Return My Mobile Phone"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] Channel A reporter Lee (35), who is under investigation for the so-called 'media-prosecution collusion' suspicion, has filed an objection with the court, claiming that the prosecution's seizure of his mobile phone was illegal.

According to the court on the 29th, Lee filed a quasi-appeal with the Seoul Central District Court on the 27th, requesting the return of the seized mobile phone, arguing that the prosecution executed the search warrant unlawfully.

A quasi-appeal is a procedure to file an objection with the court against the disposition of a judge, prosecutor, or judicial police officer.

If Lee's quasi-appeal is accepted, the prosecution must return the seized mobile phone and delete the digital forensic data extracted from the phone.

The Criminal Division 1 of the Seoul Central District Prosecutors' Office (Chief Prosecutor Jeong Jin-ung) conducted searches and seizures at five locations, including Lee's residence and Channel A headquarters, on the 28th of last month. On the 14th of this month, 16 days later, they executed the warrant by meeting a Channel A official at the Grand Hyatt Hotel and receiving two mobile phones.

Lee argues that the prosecution arbitrarily broadened the scope of the search locations specified in the warrant and executed it after the warrant's validity period had expired, making it illegal. The validity period of a search warrant is usually seven days.

The warrant states that "if it is confirmed through statements from the person subject to seizure or related parties that the items to be seized are stored at another location, the search and seizure may be conducted at that storage location." However, Lee claims that the Grand Hyatt Hotel was merely the meeting place between the prosecutor and the Channel A reporter and was not the place where the mobile phones were stored, thus making the seizure illegal.

A prosecution official rebutted, saying, "The clause was included to allow seizure when items are located outside the specified places such as Channel A headquarters or the reporter's residence," and added, "At the time of seizure, a Channel A employee was storing the mobile phones inside the hotel, so the execution was possible."

This content was produced with the assistance of AI translation services.