Police Seize Computers From Gizmodo Editor

secretcurse writes "California police have served a search warrant and seized computers from Jason Chen, the Gizmodo editor who unveiled the 4th-generation iPhone to the world. Gawker Media's COO has replied claiming that the warrant was served illegally due to Mr. Chen's status as a journalist. The plot thickens..."

Comments

Re:Time Warner 1, Little blog network 0

[LostCluster]

Mice keyboards have fingerprints, and therefore are proof a certain somebody used the computer it was connected to just so they can't deny it.

Re:"journalist"

[gyrogeerloose]

Simply stated, California law requires anyone picking up lost property to make a good-faith effort to return it to it's rightful owner. Here are the relevant sections

California penal code, section 485:L

One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.

California civil code, section 2080.1:

If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff’s department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it.

Since the finder of the phone did not follow the law, he/she could be convicted of a crime if charges are pressed. The San Mateo County Sheriff's Office was doing what it's supposed to do, although the fact that it was such a high-profile case probably moved it up to the top of their to-do list faster than it would have otherwise.

Re:Journalist?

[SatanicPuppy]

They're seizing his equipment as being involved in a felony, right out of the gate. It has nothing to do with the law as stated, which is only about protecting sources.

For a "protecting your source" law to come in to play, legal action has to have already started and the journalist has to have refused to provide a judge or federally warranted offical the required information. That's where the contempt stuff comes into play.

Finders Keepers!

[MacAndrew]

Finders keepers isn't the rule generally. Even small children are taught that. Treasure in shipwrecks leads to big arguments over ownership centuries later. You don't lose you property rights just because you misplace or are deprived of something (in the old days the big problem was property that departed on its own, i.e., livestock ... the owner had to pay damages for what the critter ate or broke, but it was still his). Only if something is *abandoned* is it up for grabs. Would any reasonable person things the prototype was abandoned? Reportedly they even sought legal counsel, knowing they were pushing it.

The only reason the iPhone was worth $5k to them was that even possessing it was wrongful. Buying something from a thief, even unknowingly, also gives you no prperty right, and it's just silly for them to say it was "lost." They knew what they were doing by paying that much alone, and I'm sure more evidence will pop up when the suspects squeal on each other.

Arguably Apple's profit could be damaged here. I have no idea how they could prove that (and Apple can sue for civil damages, using the conviction as a slam-dunk proof of the facts), and I assume it will go to settlement anyway given the legal fees it would cost to defend it. It could get ugly.

Gizmodo did a very dumb thing. (Not to mention the party who found and sold the phone, knowing it wasn't his, either.) Remember though that it's the gov't not Apple that decides whether to bring criminal charges. Apple could ask them to drop it, but it sounds like they're OK with the brute force approach, or else the prosecutor wants to do what the prosecutor wants to do.

Re:Just give us a name

[Estanislao Mart�nez]

Heck, I'll be sure never to attempt to return a lost phone to its owner in CA if you get pegged for being a thief when the owner refuses to claim it unless it hits the press...

The guy who found the phone supposedly called the Apple tech support line, whose operators didn't know anything about this supposed phone, and could reasonably assume he was a prank caller or a crazy. You can't reasonably conclude that Apple refused to claim the phone, because the people inside Apple that knew about it were not contacted.

But in any case, if you find a lost cell phone in California, and you can't contact the correct person to return it to, you can simply give it to the police. More than that, actually, you must turn it in to the police. From the California Civil Code:

2080.1. Delivery to police or sheriff; affidavit; charges

(a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff's department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state:

(1) From what and how it was saved.

(2) Whether the owner of the property is known to the affiant.

(3) That the affiant has not secreted, withheld, or disposed of any part of the property.

(b) The police department or the sheriff's department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff's department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.

Note that in the case of the iPhone prototype, this process of turning over the phone to the police would have created a public record of the existence of the prototype, and a detailed description of it. This is really, really bad for Gizmodo, because they could have gotten their story simply by helping the guy to turn the phone in to the police and getting the first scoop on the contents of the affidavit describing the phone and the circumstances of its finding. But instead they bought the phone from him. At that point they're already not on good ground, but instead of then returning it to Apple or turning it in to the police, they disassemble it for personal gain.