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  • Gizmodo May File Suit Over iPhone Police Raid

    If you thought the drama was over once deputies from the San Mateo County Sheriff's office obtained a search warrant last weekend to raid the home of Gizmodo's Jason Chen, think again. It seems the fallout from iPhone-gate is spreading faster than ash from that volcano in Iceland.

    Today, legal representatives for Gizmodo - and by legal representatives, I mean a high-paid lawyers ready to sue the pants off somebody - are suggesting that Gizmodo may potentially file suit against the San Mateo County sheriff's office in response to the raid of Chen's home on Friday evening. Authorities, as we all know, continue investigating how the hijacked new iPhone model became the center of a very public media firestorm.

    Thomas R. Burke, an attorney specializing in media law at the offices of Davis Wright Tremaine, told CNET this morning that the search and seizure at Jason Chen's home did not reflect the "appropriate method" for authorities to embrace in this situation. In a nutshell, Burke used a whole lot of legalese to state what we've already heard from other critics of the raid - that the controversial search warrant "violated a journalist shield law designed to limit searches of newsrooms."

    San Mateo County prosecutors, however, have acknowledged that they were well aware of the aforementioned "shield law" before the raid was launched. In fact, authorities behind the search and seizure claim to have carefully weighed all options and thoroughly thought through the appropriateness and legality of the raid before it was undertaken.

    Something tells me this story is about to get a lot more interesting... and uglier.

    Image via scrapetv
    This article was originally published in forum thread: Gizmodo May File Suit Over iPhone Police Raid started by Michael Essany View original post
    Comments 41 Comments
    1. prankz55's Avatar
      prankz55 -
      Quote Originally Posted by redwolf View Post
      iPhone nexgen...delay?

      but yes, Gizmodo FTW
      WHO SAID iPhone nextgen delayed ?
    1. Ticozx's Avatar
      Ticozx -
      I hope gizmodo gets screwed. We all know that if you find something that 1) you did not pay for (making that thing, COMPLETELY not yours to begin with, 2) you know WHO it belongs to (and decide not to give it back until you have used it till your hearts content), and 3) SELL IT TO SOMEONE THAT IS GOING TO SHOW THE WORLD THE SECRET (which you know is not yours to give up), then you should have done the right thing and given the phone back to the person. In this case, we are all adults (atleast some of us) and we were taught the difference between right and wrong and we all know the definition of stealing. Taking something that is not yours and making it yours. The guy should have just turned it into the bar as a lost phone. Then Gizmodo decided to buy the phone, knowing that it WAS A STOLEN PROTOTYPE, whether they thought it was a fake or not, does not take away from the fact that they thought it was FROM APPLE AND THAT IT SEEMED (TO THEM) TO BE THE NEXT GEN IPHONE.

      I say FRY them all!!!!!
    1. EskimoRuler's Avatar
      EskimoRuler -
      It doesn't even matter what Gizmodo did was just or not just, he would being suing because what the police did is apparently illegal. If he is protected by law for being a blogger, then why did the police raid his house. This article says the police knew about the shield law, so what options were they weighing out? They had none.
    1. rad1's Avatar
      rad1 -
      Ok guys what am i missing why did the police take his stuff if the only property he had of apples is the phone and he returned it.

      if the phone is in the public EYE (can be seen) it is no longer SSI INFO so apple can take a flying leap they have no leg to stand on but piles of our cash....
    1. PWNsyst3m's Avatar
      PWNsyst3m -
      I cant believe some people are siding with apple. Brainwashed are we?
    1. chen1976's Avatar
      chen1976 -
      apple is fast growing monster and in near future we wight depend on apples products.
    1. cpkirkley's Avatar
      cpkirkley -
      Apple will settle this out of court.

      To be honest, I wouldnt be surprised if it comes back that Apple used some exaggerated language (normal folk call it lying) in its police report in order to bring about the reaction they were looking for. If all that happened was that he HAD the "stolen" property, but had returned it, apparently to the satisfaction of apple because there were several days between the return and the seizure, then there is absolutely NO reason, under any circumstances, that any police department would have the right to perform such an act. At that point it is only heresay, which would not (normally) be enough to even obtain a warrant. Then to actually break down his door while he was away, yeah, thats a party foul.

      The only way apple doesnt lose this is if they settle out of court, but theyd still lose because its still an unofficial admission of guilt/wrongdoing on Apple's part.
    1. ExileTEAM's Avatar
      ExileTEAM -
      Quote Originally Posted by ExileTEAM View Post
      well i studied law in senior year of high school, I remember there was a term for buying stolen property while knowing it was stolen, which in fact is a crime in any state. Even though people think that Gizmodo should file a counter law suit against apple I doubt that they are going to win.

      I said stolen property, so IDK if it was "STOLEN" or "FOUND". There is the difference that could set this case apart. What approach Gizmodo will take, IDK.
      After consideration, I think that Gizmodo is not at fault here. They were not the ones that sold the iPhone to make money, they did nothing but say that they had it, making Apples job of finding it A LOT easier. Apple has to go down.
    1. reznor9's Avatar
      reznor9 -
      Just based off of what is right..
      I think the kid should be charged with theft, but not put into prison. But then again if he was asking for $5000 then he damn well knew what he had was very very valuable. So it's not the same as finding and selling a normal phone. It's more like finding and selling someones car. .

      GIZMODO on the other hand paid big bucks for a product they pretend they didn't know was an authentic 4G but who will pay $5000 for a possible fake. And if they knew it was a 4G then what gave them the right to tear it down?

      What if they stole/found a nuclear warhead? Is it okay to say we tried calling the government but no one believed me so I tore it down and shared it's private innards with the world? Of course not.

      Just because you hate apple doesn't mean you should defend Gizmodo... They are no good theives in my eyes.
    1. TheOnlyest's Avatar
      TheOnlyest -
      I hope Gizmodo takes this all the way, the more bad press for Apple, the better! The world needs to be more informed about what a gang of arrogant scumbags Apple really is.
    1. PWNsyst3m's Avatar
      PWNsyst3m -
      Lets protest!
    1. wolverinemarky's Avatar
      wolverinemarky -
      i would sue them for ransacking my house and taking my ****
    1. madrigal77's Avatar
      madrigal77 -
      I hope Apple get their asses sued off for this. Whatever takes Steve down a few pegs would be great. He used to be a pretty respectable guy about 15 years ago, but he's become a greedy, egotistical, money grubbing whore of a douchebag.
    1. sphangman's Avatar
      sphangman -
      for all you morons thinking apple is getting sued, gizmodo are suing San Mateo County sheriff's office. They are the ones who raided the house and not apple.
    1. PeeceKeeper's Avatar
      PeeceKeeper -
      Go Gizmodo!!! Apple's gonna have to dig deep into their pockets to get out of this one. I'm tired of them walking all over others just because their a big company. They're worse than a fat lady at an anorexia convention (don't ask lol).
    1. Imsorussian's Avatar
      Imsorussian -
      Just read a similar stoey in NYPost stating that mr. Chen might sue lapd since tge raid was after he returned the phone to apple, and confiscating his personal comp was not nessesary acourding to his lawyer.
    1. giancarlo's Avatar
      giancarlo -
      Quote Originally Posted by dq13 View Post
      even if it was "found" and not stolen, that does not give you the right of owner to the thing you found. I know this from personal experience... I found something at work and waited MONTHS for someone to call for it, no one did so I took it before it was thrown away. I llisted it on ebay and the original owner saw it and bought it to get my info and then, I got cops knoking on the door for dealing with stolen property...

      you find something, you better leave it behind or take it to the police station, not to a magazine or anywhere else to try to find the owner... that's B.S. the founder just wanted money for it!
      I'm in Miami too....and BS that that happened to you. You can't be accused of stealing when you find something somewhere. Now, if the kid at the bar was aware of who's phone it was at the bar and still took it when it was left on the table, then yes he stole it because he knew the owner. You can't come crashing down my door just because I found something that I didn't know what yours and then try to sell it. You took it like a b!!ch if thats the case....
    1. TheOnlyest's Avatar
      TheOnlyest -
      If Apple doesn't want this sort of thing happening, perhaps they shouldn't give the prototypes to their alcoholic employees! Or maybe they should do like the car companies and build a distorted "frankenstein" version of it, and NOT print their stupid logo all over it!!

      Chen is NOT a thief, ever hear of "finders keepers, losers weapers"?? Besides, he gave the phone BACK, I wonder if Apple gave him the $5K back as a reward?? I THINK NOT! Imagine what may have happened if someone less responsible had gotten their hands on it!! Every one of you hypocrites bashing Chen about exposing the phone would have done the EXACT SAME THING... just to get your 15 minutes of fame.

      Dear Mr Chen, make as much noise about this as possible, maybe eventually the media will make people SCARED to buy Apple products! Only then will Apple begin get what it deserves... to crash and burn!
    1. Go Gators's Avatar
      Go Gators -
      It is absolutely amazing to me that there are so many Apple fanboys on this site that would actually side with Apple rather than Gizmodo. Screw Apple with all their rules and regulations! Bunch of control freaks!
    1. madpoet's Avatar
      madpoet -
      I think what Gizmodo did was crap for revealing the engineer's name... but that said, it seemed pretty clear they were protected under both federal and California statutes. So I'd sue too.