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Judge unseals documents in Gizmodo case, finder offered extra $3500 and bonus for lost iPhone

After multiple requests from media like Wired.com and the Los Angeles Times, a judge has unsealed the search warrant in the Gizmodo case. According to California law, search papers must be made public within 10 days of a search being completed, unless there are extenuating circumstances in the case.

In this one, the prosecutors were arguing that the identities (presumably of the Apple employee who originally lost the iPhone purchased by Gizmodo's editor, as well as the person who found it and sold it to Gizmodo) could be revealed. But that information had already reached the Web -- Gizmodo identified the Apple employee as an iPhone engineer, and Wired identified the phone seller, so San Mateo County Superior Court Judge Clifford V. Cretan decided that since the information was already out there, there was no point in keeping the papers sealed up.

Judge Cretan made note of the irony that the papers were originally sealed to hide "possible intrusion into media sources," and now it was media institutions asking to have the papers opened up.

Wired has the papers now -- they say (not surprisingly) that the iPhone seller's roommate led police to Brian Hogan (who found the phone), but there's also news that Hogan had allegedly spread evidence around Redwood City. The papers also confirm that Gizmodo paid $5000 for the iPhone, but there was also a bonus promised to Hogan when Apple officially announced the phone, and an additional $3500 payment from "another source." Interesting. Maybe there is more to this case than we had originally heard. Keep in mind that this is only the initial investigation -- no charges have yet been filed.

[via The Loop]

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After multiple requests from media like Wired.com and the Los Angeles Times, a judge has unsealed the search warrant in the Gizmodo case....
 

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Liquidmark

@Herchu

A smartphone is more like a wallet filled with an ID and credit cards or house keys.

If I find your wallet, does that make it my property? Can I sell your house keys or social security card to the highest bidder? How about if I find your laptop? Cani run to the pawnshop with it?

California law is that you should return property to the owner. From what I read, there were about a hundred things he could have done to accomplish that. He deserves what he gets.

May 15 2010 at 12:21 PM Report abuse rate up rate down Reply
Steve

What I really love about this is how immature and stupid Gizmodo's snarky letters to Apple look in the middle of a factual, professional police report.

They just look like total douchebags now.

May 15 2010 at 1:34 AM Report abuse rate up rate down Reply
glad

LOL it gets better with each revelation for Gizmodo (stopped reading their drivel years ago) anyway looks like they are for the high jump. I wonder if they regret sending that smartass letter back to Apple now? Go to ----->JAIL

May 15 2010 at 12:04 AM Report abuse rate up rate down Reply
Jaz

Well, I just finished reading the entire affidavit. So far is very clear. The lost iPhone turned into a stolen property, the moment Hogan found out who the owner was and did nothing to return it. He also knew very quickly it was a very valuable item. Jason Chen knew the phone was stolen, he bought it and right at that moment he lost whatever shield law could have protected him.
The search warrant is valid. Shield laws do not protect journalist, when they're committing a crime ( felony in this case).
Apple has a very strong case here. Hogan lawyers said it's all a mistake. Well, boasting how you'll get a lot of money from entities like Giz ( he contacted 3 known entities: PC Mag, Giz and Engadget), trying to conceal evidence, using your friend to conceal evidence, yep, I said a very big mistake.
We'll see how hard Apple and the authorities will comedown on all parties involved.

My personal opinion: Jason Chen, Brian Lam should never be allowed to call themselves " journalist", they are anything but.

May 14 2010 at 11:32 PM Report abuse rate up rate down Reply
1 reply to Jaz's comment
Bully

One correction: The lost phone became stolen property the very moment Hogan removed it from the bar/restaurant.

May 15 2010 at 11:32 AM Report abuse rate up rate down Reply
captmrgnx

In these matters all we really have in the end is the law. The court of public opinion is meaningless. I'm sure this will all get sorted out by due process (one of the things that makes America so great!).

But, in this person's opinion, I hope they fry and are fined a several million dollars in damages. These fu**ers knew exactly what they were doing and that it was criminal. Furthermore, Gizmodo should be shut down. That site blows anyway, especially compared to Engadget.

May 14 2010 at 9:15 PM Report abuse rate up rate down Reply
1 reply to captmrgnx's comment
Digi

Another thing that makes america so great.... Is that opinions are like well.... You get the idea.

May 15 2010 at 9:13 AM Report abuse rate up rate down Reply
Digi

PWNED.

Martinson turned Hogan in, because Hogan had plugged the phone into her laptop in an attempt to get it working again after Apple remotely disabled it. She was convinced that Apple would be able to trace her Internet IP address as a result. “Therefore she contacted Apple in order to absolve herself of criminal responsibility,” according to the detective who wrote the affidavit.

Read More http://www.wired.com/threatlevel/2010/05/roommate-iphone/#ixzz0nx6yK8V9

May 14 2010 at 8:13 PM Report abuse rate up rate down Reply
3 replies to Digi's comment
Padastra

Hey @don't bother, I agree with your view about the iPhone, but dude, even hypothetically (and unlike a phone) a person's girlfriend is not their property. Think up a better analogy. Because the fact is that "upon returning her to you" (FFS!), it would in fact legally be none of your business — unlike the phone, which California statute clearly defines as stolen property under the circumstances it was presented to Gizmodo.

May 14 2010 at 8:01 PM Report abuse rate up rate down Reply
ben

It's pretty hard to play the "I didn't know" card once you see all the evidence.

May 14 2010 at 7:00 PM Report abuse rate up rate down Reply
jh

I'm wondering if this was a concerted effort to stake out and steal a prototype Iphone. Not "someone left it", but someone actually intentionally stealing the phone.

There's a lot more to come on this, I bet.

May 14 2010 at 6:37 PM Report abuse rate up rate down Reply
colouroflight

Giz did the right thing. Even if this entire affair wasn't "legal," it was ethically fair game.

Apple lost the phone, Giz gave it back. What they did with it while it was in their possession is nobody's business.

May 14 2010 at 6:37 PM Report abuse rate up rate down Reply
5 replies to colouroflight's comment
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