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  • Police Raid Gizmodo Editor Jason Chenís Home

    Apple takes its leaks very seriously.

    Just ask Gizmodo Editor Jason Chen. From the sound of it, authorities did everything but send a SWAT team flying in through Chen's living room windows as the consequences of Gizmodo's controversial acquisition of the new iPhone continue to amass.

    According to court documents obtained and published online, a search and seizure warrant was issued for Chen's residence. As a result, Chen's pad was raided by California's Rapid Enforcement Allied Computer Team. Four of Chen's computers and two servers were taken into custody. In all, some two dozen pieces of electronic equipment - like hard drives, digital cameras, 4 laptops... etc. - were taken. Chen's own account of the ordeal reveals that police had "broken down" his front door. Upon returning, Chen was also searched by police himself - you know, just in case, Chen had another stolen - I mean "lost" - iPhone on his person.

    Gaby Darbyshire, COO of Gawker Media LLC, says the search warrant was invalid under section 1524(g) of the California Penal Code. Darbyshire is playing a language game with the law and suggesting that a reporter's "notes, outtakes, photographs, tapes or other data of whatever sort" cannot be subjected to a police search and seizure.

    Chen, who was not home at the time of the authorities arrival, returned to his residence just as officials were cataloging the goods taken from Chen's residence. California law holds that a search warrant can be served between 7am and 10pm.

    The real question now is whether Chen will be afforded the same legal protections reserved for journalists. Bloggers, after all, may be treated differently in the eyes of the law, which would then make the confiscation of Chen's computers and servers legal by search warrant. Chen, after all, works fulltime for Gawker Media, but he does so from home.

    Who knew that coughing up $5000 for a lost iPhone at a local bar would lead to so much trouble?

    It should be noted, however, that despite erroneous reports elsewhere, Chen was not arrested and taken to prison. In other words, Mr. Chen isn't in need of a "jailbreak."
    This article was originally published in forum thread: Police Raid Gizmodo Editor Jason Chenís Home started by Michael Essany View original post
    Comments 93 Comments
    1. DeclanFay's Avatar
      DeclanFay -
    1. Zeal's Avatar
      Zeal -

    1. se23's Avatar
      se23 -
      yeah there is adroid site i think lol, hmmm if it was stolen, we should think twice, but to be honest im tired of all this 4g bs anyway. u would think the phones gonna cure cancer or somthing with all this hype....it really is pathetic! wot next...obama giving a personal statement on the situation.
    1. wookiee2cu's Avatar
      wookiee2cu -
      Total crap. It's not like he refused to give the phone back to Apple, they got it back as soon as they asked for it. It's their fault that they trusted an engineer who obviously isn't smart enough to not lose the damn phone, not Jason's. I mean how hard is it to think to yourself ďkeys, check, wallet, check, prototype iPhone that people would kill for...Ē. Who could blame Jason for taking pictures of it and posting them. Job's is a over bearing controlling douche.
    1. rickybobby's Avatar
      rickybobby -
      This is the reason i see Apple failing in the near future. The only reason apple has success is because other companies were doing horrible jobs at making electronics,therefore apple makes pretty devices that ooooooooze sexy and dumb people eat it up.Instead of paying attention and noticing apple is way behind in competition.Just look at how long all of the features took to get to the 3rd gen iphone,i had video recording and voice control years ago.
    1. Electrodaktylus's Avatar
      Electrodaktylus -
      Quote Originally Posted by kenl View Post
      ya another excuse for me to sell my iphone. not going to support it.
      I really enjoy the iPhone, even bought a MBP after the phone. But this BS is too much for me, this Apple company is always screwing things for us. I dont want to have to jailbreak my device in order to get what I want. I'm not supporting it anymore, already sold my iPhone 3GS and bought me a N1.

      Thank you Apple but not anymore.
    1. billmilo's Avatar
      billmilo -
      so much butthurt from one company
    1. rickybobby's Avatar
      rickybobby -
      Quote Originally Posted by se23 View Post
      obama giving a personal statement on the situation.
      really i didnt hear about that one might have to look that up
    1. Nick Hesson's Avatar
      Nick Hesson -
      wow. this is horrible. seems a little unlawful
    1. DarkOmen53's Avatar
      DarkOmen53 -
      I understand that most of you dislike Chen, but I don't think he deserved getting his computers taken from him... That's like stealing a cane from a cripple. I say that apple hired some of its own tech guys to search his house with the police =/.
    1. lilmike09's Avatar
      lilmike09 -
      Though i will still be purchasing an iPhone 4G because i love the iPhone, this REALLY REALLY makes me want to boycott all apple products. I've never liked the company (excluding store employees) to begin with... just their products. Anyone else feel we should do something in honor of Jason?
    1. Fodd1337's Avatar
      Fodd1337 -
      Quote Originally Posted by MetallicaFan1991 View Post
      Is this the douche that showed the iPhone 4G?
      I don't like him, ruined the surprise for everyone and the fact that he didn't tell the hardware specs
      Very true. It would have been fine with me if he just took a couple of blurry pics with too much flash so there would still be a hint of doubt, but this guy took it WAY too far. And the dismantling I believe is a crime for tampering with private property... And adding to that, he purchased, dismantled, exploited, and made a profit off of private property, so, he deserved it. Legally and ethically.
    1. GTOpilot's Avatar
      GTOpilot -
      The warrant indicates that the properry was used in the commission of a felony and that Chen himself possibly committed a felony. Since he was not arrested I'm baffled. So what was the felony? Receiving stolen goods? The phone was left at a bar but Cali law is pretty strange when it comes to items left behind somewhere.

      Chen seemed to act in good faith about returning it, did not reveal internal specs, and seemed like he was taking the high road. Now apple has dropped the hammer. It will be interesting to seen how this whole thing plays out, especially the blogger vs journalist protection in cases like this. I would think that if he is a paid blogger, he would be covered. Anyway you slice it, Apple has pulled some really cheesy moves lately. Between this and firing the guy who showed Woz an Ipad they have gone off the deep end and need to be reigned in.
    1. staterunner180's Avatar
      staterunner180 -
      Nice pun haha (:
    1. waheedtarin's Avatar
      waheedtarin -
      Instead of wasting lots of money on lawyers and **** why not use that money and donate it if will look better and u would not lose customers cuz ur losing one now just returned my MacBook pro and sticking with windows forever. Why are u guys 5 years back and purposely adding the features on slowly to make like it's new. I'm not gonna buy iPad cuz in 2 months there will be iPad with a new spec out like USB or camera or something and some people will sell there old ones and buy new it's always like this
    1. mole92db's Avatar
      mole92db -
      LoL we'll have to get geohot or the Dev team to jailbreak him if he gets arrested
    1. nbsmatambo's Avatar
      nbsmatambo -
      Quote Originally Posted by djrapmarz View Post
      hes a good guy, he leaked info bout the new 4G but he didnt leak the specs....so be surprised when u finally get urs specs

      and we are living in a new era, where this would have leaked anyhow....
      maybe apple did this on purpose so the new phone can get even more news b4 it comes out and they make a trillion dollars
      he didn't "leak" the specs because he couldnt...he would have broken the phone if he tried, cuz it was specially sealed or something like that... and probably gotten into deeper **** than he is now
    1. rad1's Avatar
      rad1 -
      Hey apple i lost $1000000 can i have it back? It was green and smelled like money and it had in god we trust on it. ..... same thing they did to him...
    1. firedog341's Avatar
      firedog341 -
      What the "F"? Apple is such a joke. They are trying to put the stopper back on a bottle of air. Demenading the phone back. Now search and seizure. Where is the douche that lost the thing? Telling Apple somebody stole it? He probably also said he didn't inhale either.
    1. trek-life's Avatar
      trek-life -
      A few things,

      He gave the phone back right? I feel like this is a lot to do with nothing. They got a whole lot of exciting press out of it, the iPhone is still thee most anticipated smart device & they got it back.

      There are WAAAAAYYYY more serious things going on in CA than a stupid phone. Raid the damn dopedealers house that just moved in near a friend of mine. Place was nice til those clowns moved in a year ago.

      Apple has been doing a whole lot of strange **** lately. I hope for their sake the 4g and iPad are all that they're cracked up to be. Because most of us tech junkies will switch on the drop of a dime, so if you think that you'll be on top forever, you're very wrong

      All that being said, Gizmodo should've known better, the reaction seems a little harsh, but the law is what it is.