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

Posted in

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.

---

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.

---

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.

---

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.


 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
ZippyDSMleehttp://gamepolitics.com/2015/01/30/pewdiepie-and-other-youtube-stars-criticize-nintendos-new-revenue-sharing-program#comment-29809502/01/2015 - 7:11pm
ZippyDSMleeASked a question, that might not be incoherant and useless.02/01/2015 - 7:11pm
Andrew Eisen"Let me sink my claws into your flesh to prove my love!"02/01/2015 - 5:49pm
Goth_SkunkAs for her hindclaws, I'm incredibly blessed: She trims those herself. It's amazing!02/01/2015 - 5:47pm
Goth_SkunkThankfully she's not scratching anywhere she isn't supposed to, but when she climbs up into my lap and kneads at my stomach or arm, I prefer dull claws to the pinpricks she had today.02/01/2015 - 5:47pm
Andrew EisenSure, sure. If she's scratching things she's not supposed to, trimming is a better solution than declawing. Hard for them to groom with no claws.02/01/2015 - 5:41pm
Goth_SkunkShe does, but those items don't do a thing to keep claws dull. In fact, they help sharpen them. Cats are going to scratch. It's instinctive. Even if they've been declawed, they'll still execute the behaviour on a surface pleasant to them.02/01/2015 - 5:36pm
Andrew EisenAn indoor cat I'm guessing. Does she not like to use scratching posts or things of that sort?02/01/2015 - 5:28pm
Goth_SkunkOff-Topic Sunday: I hate trimming my cats front claws. Not because she makes it more trouble by fidgeting, she's actually well behaved. I'm just anxious as hell that I'll trim too deep and cut into the quik. :(02/01/2015 - 5:27pm
WonderkarpMonte : Its kind of hard to ignore that commentary when companies you patron invite the commentators into their halls to "Better Themselves".02/01/2015 - 4:33pm
CultofZoidbergWhen are they going to release Brigandine Legend of Forsena on Steam, i don't trust Torrent, and a used copy is about 80 dollars02/01/2015 - 3:23pm
prh99MechaTama: I don't know his motive for asking, he could be just trying to cause trouble. If not he waited too long and in either case should just give up.02/01/2015 - 1:39pm
MonteIf you don't like someone's commentary; simply ignore them. Do not give them ANY kind of attention; even negative attention gives them traffic. If they're wrong and their opinions cant stand on their own merits, they will simply fade away into obscurity.02/01/2015 - 1:17pm
IanCBut of course no one on the GG side has been harassed. Nope. None at all. BS. Both sides are acting like children. No, I take that back, CHILDREN are better behaved.02/01/2015 - 12:25pm
MechaTama31Of course, that advice is only really useful if you are one of the harassers...02/01/2015 - 11:50am
prh99Maybe it's time to rethink your strategy if your enemy doesn't have to make stuff up.02/01/2015 - 5:01am
prh99Also if you don't like someone, harassment and scandals will only get them more attention. Zoe Quinn would probably not be as well known if not for various harassers.02/01/2015 - 5:00am
prh99Personally, I just clicked the three vertical dots the first YouTube recommended one, haven't seen one since. Too bad I can't get rid of Pewdiepie video recommendations that easily.02/01/2015 - 3:19am
prh99Just don't watch the videos, who cares what she does or doesn't do. If her audience likes it so be, if they think she's doing something she shouldn't they'll stop watching.02/01/2015 - 3:14am
WonderkarpAndrew Yoon Died http://www.gamerevolution.com/news/rip-andrew-yoon-3096901/31/2015 - 10:26pm
 

Be Heard - Contact Your Politician