Police have begun seizing computer hard drives holding images from the March 28-30 disturbances they believe could provide evidence against lawbreakers, potentially leading to new arrests.
It's the first time computer equipment has been confiscated in connection with a riot inside the university community, said Ingham County Prosecutor Stuart Dunnings III, adding the operation could take months.
Police pursued photographs and footage from media organizations after the March 27-28, 1999 riot. But a state court ruled against the police efforts, allowing media to withhold the images.
Earlier this week, police obtained a warrant to confiscate a computer from an on-campus student.
The warrant wasn't necessary because the student gave up the computer without resistance. The student's name is being withheld because he isn't a criminal suspect, Dunnings said.
MSU police officers, searching the Internet, came across a Web site that had pictures of the riot and traced it to the computer seized Wednesday.
"We found this one because we tripped over it," Dunnings said. "They really didn't come forward voluntarily."
Instead of downloading pictures and video clips off computers, officers say confiscating computers offers access to information previously taken off Web sites, in addition to pictures temporarily discarded but not deleted off hard drives.
Dunnings said the probe could lead to more arrests, but isn't sure as to the number forthcoming.
"We feel now that we got a pretty good set of images to cover just about all the activities that occurred," Dunnings said. "The more images we have, the more angles we'll have and the more people we'll be able to identify."
MSU police Chief Jim Dunlap couldn't confirm another warrant was issued for a second on-campus seizure, but didn't rule out the possibility. In that case, the student might have given officers photographs rather than handing over the entire computer, he said.
Officers also are searching online journals for information that could lead to arrests.
Dunlap, who helped gather information to send to Dunnings on the seized computer, said searching online journals is fair because they are open to the public.
"People shouldn't feel comfort by the fact that if they were engaged in a riot, they weren't identified on the first rounds," Dunlap said.
Police say pictures obtained from computer hard drives are less likely to have been altered. Dunnings said they couldn't base arrests on photos officers downloaded from the Internet.
"Somebody can take your face and put it on Marilyn Monroe's body," he said. "This is only a beginning."
Each case requires a separate warrant. A judge has to agree that a computer might contain information pertaining to a crime - in this case, rioting.
Law enforcement officials have to obtain a warrant to find the Internet service provider where a picture appeared on the Web before requesting a warrant to seize the computer where it's stored.
But Henry Silverman, president of the Lansing chapter of the American Civil Liberties Union, said the confiscating computer equipment raises civil rights issues.
"Oh good heavens," he said. "This is just a matter of what evidence they are gathering. I may not like it, but it's legal."
As long as the police are obtaining information through court warrants, Silverman said the confiscation is legal.
The ACLU doesn't have enough lawyers to represent people who might find problems with police wanting to confiscate their computers, he said.
Six more arrests related to city and campus disturbances March 28-30 could possibly come as early as today, MSU police Inspector William Wardwell said.
The Department of Police and Public Safety has received about 70 tips on its tipline since the disturbances and has added six additional pictures to its Web site.
Wardwell says the increase in pictures will lead to more tips.
Already four students have been suspended for their alleged involvement in the disturbances.
Under the MSU Board of Trustees policy which came as a result of the March 27-28, 1999 riots, students can be punished by the university for off-campus activity.
MSU President M. Peter McPherson and university spokesman Terry Denbow didn't return phone calls late Thursday evening.
MSU police officers are waiting for the Ingham County Prosecutor's Office to issue warrants on the six cases, which came as a result of the original eight pictures on the Web site.
The first pretrial of a riot-related case was postponed Thursday in 54-B District Court because James Stephen Mathews, 20, of Livonia hasn't retained a lawyer, East Lansing Assistant City Attorney Molly Clark said. The case is expected to be heard within two weeks.
Chad Previch can be reached at previchc@msu.edu.
