Media Seeks Details of 'iPhoneGate' Warrant

May 6, 2010 -

MSNBC reports that the Associated Press and other news organizations have asked a judge to unseal the search warrant affidavit used to raid the home of Gizmodo.com editor Jason Chen. The warrant used for the raid was already made public and indicated that it was related to a "suspected felony." No charges have been filed and the confiscated material - computers, hard drives, digital cameras, cell phones, financial documents, etc. - remains in the hands of law enforcement.

Steve Wagstaffe, spokesman for the San Mateo County district attorney's office, said that the confiscated items "are not being examined while prosecutors consider arguments that the search was illegal." Meanhwile Chen's attorney, Thomas Burke of Davis Wright Tremaine in San Francisco, said in a recent interview that the search warrant should have never been issued because California law protects journalists from such searches without a special hearing.

The legality of the raid is one of many unanswered questions media outlets are asking - more specifically, reasons for the search warrant being more compelling than the legal protections given to journalists under California law. Curiously, Court documents revealing legal reasons for a particular search are usually made public within 10 days, but the affidavit supporting this raid remains sealed.

The "suspected felony" relates to an iPhone prototype phone that was sold to Gawker Media's Gizmodo for $5,000 after a hapless Apple engineer left it in a Silicon Valley bar and later found by another bar patron.

Source: MSNBC

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Comments

Re: Media Seeks Details of 'iPhoneGate' Warrant

What "legal protection" under Californian law? Since when does California have a law protecting someone who buys stolen property?

Re: Media Seeks Details of 'iPhoneGate' Warrant

Unless a reporter is convicted of a crime, a public hearing has to be held to determine if a search warrant can be issued to investigate a reporter, if the warrant is tied to something involving a story he or she is working on.  No such hearing was held in this particular case.

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With the first link, the chain is forged.

--- With the first link, the chain is forged.

Re: Media Seeks Details of 'iPhoneGate' Warrant

Perhaps you shouldn't be so quick to assume that the "reporter" in this case is actually a reporter as was intended to be protected by California's shield law. That ain't entirely clear to me. Granted, I haven't read much Gizmodo, but if they're anything like GamePolitics has become since the departure of Dennis McCauley, a claim to being a legitimate "journalist" could well be specious. Just because you wait on legitimate journals to publish news stories and then republish those stories on a blog doesn't necessarily make you a journalist worthy of protection. It more clearly makes you a plagiarist, but that it makes you a journalist is less clear. 

Re: Media Seeks Details of 'iPhoneGate' Warrant

"iPhoneGate"? Ok, it's time to retire that little meme.

Re: Media Seeks Details of 'iPhoneGate' Warrant

Thomas Burke of Davis Wright Tremaine in San Francisco, said in a recent interview that the search warrant should have never been issued because California law protects journalists from such searches without a special hearing.

I love how they always creatively leave off the part about how the journalist shield laws don't apply if it's suspected the journalist has committed a felony.

Of course, I think they're still trying to determine if he committed a felony, but that's another story.

Re: Media Seeks Details of 'iPhoneGate' Warrant

Actually, they're inherently linked.  If they don't have enough evidence that he committed a felony, then the hearing should have commenced.  You know, "innocent until proven guilty" and all.

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With the first link, the chain is forged.

--- With the first link, the chain is forged.

Re: Media Seeks Details of 'iPhoneGate' Warrant

This is America, it's Guilty until proven innocent.  And even then you're still considered guilty most of the time.  Of course this does not apply to the wealthy.

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I once had a dream about God. In it, he was looking down upon the planet and the havoc we recked and he said unto us, "Damn Kids get off my lawn!"

I once had a dream about God. In it, he was looking down upon the planet and the havoc we recked and he said unto us, "Damn Kids get off my lawn!"

Re: Media Seeks Details of 'iPhoneGate' Warrant

Hmmmm... I suppose it all boils down to whether person buying the goods knew or suspected they were stolen, and does 'finding it in a bar' surmount to 'theft' (theoretically, yes, when you consider the sum it was sold on for, the person who found it obviously had some idea of its value). From that point, I can almost see the reason behind the laws' reasoning, but then, without knowing how much evidence the Police had with regards to what was going on, I really couldn't guess at the legality of a search warrant, from what I understand, there's needs to be some pretty compelling evidence to make a search warrantable.

 

Re: Media Seeks Details of 'iPhoneGate' Warrant

From what I've read elsewhere, the guy who 'found' it at the bar is facing criminal charges himself, as Cali has a law stating if you find something, reasonable attempts to return to owner must be made or else it will be considered theft. In the article I read, all he did was ask various patrons of the bar if it was theirs. He didn't even leave contact information with the bar, let alone letting the bar know he had it, incase the owner came looking for it.


 
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Goth_SkunkThere is an option on XBL to purchase all episodes in a bundle. Pay full price now, get the rest of the episodes as they're released. I would like to think this means that the other episodes are in fact done and ready.01/30/2015 - 3:29pm
Andrew EisenCatch 22 sometimes. Some gamers don't want to buy it if there's no guarantee the whole thing will come out and the whole thing can't come out unless enough people buy the early installments.01/30/2015 - 3:17pm
Goth_SkunkI sincerely hope this trend towards episodic games is not done so because the developer only had enough capital to produce the first 1/5th of the story and is banking on making enough money from the sales of that fifth to produce the rest.01/30/2015 - 3:16pm
Goth_SkunkThat being said, I want to try Life is Strange to get my feet wet.01/30/2015 - 3:13pm
Andrew EisenI'm that way too. I'll wait until the whole thing is out. Same goes for DVDs of TV shows. I'll wait for the season set.01/30/2015 - 3:13pm
Goth_SkunkIf an episodic game is really good, and the time between episodes is more than a week, I'm more inclined to wait for the rest of the episodes to all come out than to try playing it episode by episode at launch date.01/30/2015 - 3:12pm
Goth_SkunkAs someone who played through TWD Season 1 entirely in one day, and then played Season 2 episode by episode when they each came out, I strongly agree with this sentiment.01/30/2015 - 3:11pm
Goth_SkunkFrom what I've been hearing, people haven't been buying it because they're sick of episodic games where they have to wait 6 weeks or more between episodes and they'd rather just wait for the whole thing to come out at once.01/30/2015 - 3:10pm
Andrew EisenNot sure what GamerGate could do to dissuade people from buying a game they'd otherwise be interested in or why it would even want to but I agree, I think the premise is interesting and look forward to learning more about how it actually plays.01/30/2015 - 2:58pm
Goth_SkunkAnd for what it's worth, I saw Life is Strange advertised today on XBL, and the premise looks very, very intriguing. I'm going to buy it today and give it a shot.01/30/2015 - 2:42pm
Goth_SkunkI'm hearing rumours that the recently released game Life is Strange is not selling very well on Steam, and that GamerGate is being blamed as a result. It's just a rumour though.01/30/2015 - 2:42pm
Matthew Wilsonhttp://smashboards.com/threads/apex-2015-venue-changed-competition-will-restart-tomorrow.388991/ twitch saves apex2015 tournament after original location gets condemned.01/30/2015 - 2:37pm
prh99Probably not unless you can prove they knew and did nothing. ianal01/30/2015 - 12:16pm
InfophileIs it possible to sue advertisers for breach of contract or something if they do that? Or sue the ad providers if they don't take reasonable measures to enforce their rules on advertisers?01/30/2015 - 12:06pm
prh99AdBlock fixes the problem :) Since these ad network do a terrible job at screening. With the recent exploits for Java and Flash, it's just a mess.01/30/2015 - 11:46am
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Wonderkarpafter deep thought, I can live in a world with 2 Ghostbusters Franchises. Though I highly doubt the new film will top the original(And still wish it were a sequal), The new film's cast won me over hardcore.01/30/2015 - 10:43am
PHX Corphttp://www.tssznews.com/2015/01/30/former-sega-of-america-employees-voice-mistreatment-greed-racism/ there is alot of problems with sega but this is new01/30/2015 - 9:33am
Matthew WilsonI cant say anything though I am stupid lucky. I have a 75/75 line01/29/2015 - 11:27pm
Matthew Wilsonthat isnt awful 1.2MBs, but yeah 100bucks a month is over priced to all hell. ps 8mbs=1MBs01/29/2015 - 11:24pm
 

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