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Print 106 comment(s) - last by Suntan.. on Apr 30 at 2:05 PM

The iPhone saga gets even more interesting...

It looks as though Gizmodo and Gawker Media has just landed themselves in hot water. Last week's scoop on the fourth generation iPhone brought the site massive page views and coverage on CNN, the Today Show, and even The View.

However, as we noted last last week, law enforcement in the Silicon Valley area are investigating the details surrounding how the iPhone was lost and Gizmodo's $5,000 transaction to retrieve said phone. Today, Gizmodo snuck in a tiny headline on its frontpage that shows that editor Jason Chen had a few visitors to his home on Friday night:

Last Friday night, California's Rapid Enforcement Allied Computer Team entered editor Jason Chen's home without him present, seizing four computers and two servers. They did so using a warrant by Judge of Superior Court of San Mateo. According to Gaby Darbyshire, COO of Gawker Media LLC, the search warrant to remove these computers was invalid under section 1524(g) of the California Penal Code.

According to Chen's account of the events, the police bashed down his door while he was out. By the time he arrived at home, the police had already been there for a few hours and were well into cataloging his electronic possessions. In total, the task force seized 19 items from Chen's home including his MacBook, a ThinkPad laptop, MediaSmart server, a few external hard drives, two USB thumb drives, digital cameras, and an iPod.

The Rapid Enforcement Allied Computer Team is looking for email communications, call records, contact lists, text messages, and any other material relating to the sale of the iPhone 4G.

While the fourth generation iPhone saga has been detailed here on DailyTech in a few articles, you can see Gizmodo's coverage here. The full subpoena along with Gizmodo's response can be seen here.



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RE: Overkill
By porkpie on 4/26/2010 9:46:37 PM , Rating: 2
"Apple let this phone out into the wild probably..."

Giving your software engineers the product to test is not "letting it out in the wild", even if they take it off premises.

"the phone was not stolen, it was lost or abandoned."

It was not abandoned. And lost property is still the property of the owner, except in certain cases where that owner cannot be determined.

"Also, the search warrant which was executed appears to have been contrary to California law."

Possibly. However, that only affects the evidence that was seized. It's not a universal "get out of jail free card" for Gizmodo, or the person who sold them the phone.


RE: Overkill
By samspqr on 4/27/2010 6:26:16 AM , Rating: 2
lost property is NOT still property of the owner if you offer to give it back and get dismissed

which is what happened


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