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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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Legal Definitions
By dxf2891 on 4/27/2010 3:57:11 PM , Rating: 2
Stolen Property Property obtained by larceny, by stealing, by robbing, by theft; something unlawfully taken from its rightful owner

Found Property Property found in a public or semipublic place—where the public is ordinarily invited and expected to be—may be considered lost, since the owner or manager of the location does not represent its owner

It seems that the guy who "surrendered" the phone to Gizmondo based on legal definitions "found" the phone versus "stole" the phone.

RE: Legal Definitions
By dxf2891 on 4/27/2010 4:04:52 PM , Rating: 2
It seems to me that this is a violation of Mr. Chens First Amendment Rights as he is a member of the press. His sources are protected and can not be devulged without his say so. Man, these cops are wrong on so many levels, it's not even funny. I guess Mr. Chen is poised for a lot of free publicity and a huge payday. Damn if this don't sound like it's right out of a movie. You know, if Apple plays this right, they could come out a winner as well. I.E. We want our consumers to have the best possible experience, yada, yada, we don't want the product to lose its luster, yada, yada, we apologize to Mr. Chen and are willing to compensate him for his damages and trouble. And everyone lived happily ever after.

"I'm an Internet expert too. It's all right to wire the industrial zone only, but there are many problems if other regions of the North are wired." -- North Korean Supreme Commander Kim Jong-il

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