Search Warrant affidavit unsealed in lost iPhone case

Search Warrant affidavit unsealed in lost iPhone case
After the news media requested it, Judge Clifford Cretan signed an order to unseal the affidavit used to obtain a search warrant used by police to seize computers, cellphones and other electronics belonging to Gizmodo editor Jason Chen. Some interesting pieces of news were discovered by going through the papers. For example, 21 year old Brian Hogan, the man who found the iPhone prototype in the bar, was turned in to the police by his roommate who was concerned that she could end up in trouble because Hogan had plugged the lost handset into her computer in an attempt to get it working again after the OS was remotely wiped by Apple. According to his roommate, Hogan received $8500-not the widely published figure of $5,000-from Gawker Media in exchange for the phone and was to receive a bonus if Apple officially introduced the model. Other info confirmed from the affidavit includes the news that Apple CEO Steve Jobs did indeed personally contact Gizmodo in an attempt to get the phone back. For its part, Apple claimed that publication of Gizmodo's story was "immensely damaging" to the company because iPhone buyers would stop buying the current version of the phone in anticipation of the next generation of the device.

Gizmodo editor Jason Chen is being investigated for possible receipt of stolen property, copying a trade secret and destruction of property worth more than $400. Gizmodo had taken the prototype apart and Apple claimed that doing this left the phone damaged. The affidavit includes the whole story of how the iPhone was found at the Gourmet Haus Staudt in Redwood City. Apple engineer Gray Powell had put the phone inside a bag which was placed on the floor. The phone might have slipped out of the bag and even Powell feels that it was unlikely that the phone was stolen. California law considers it theft if property is found and used for the "finder's" benefit without making an effort to return the property to its rightful owner. No charges have been filed yet, but are expected soon. Hogan is a suspect and there still is a chance that Chen or Gizmodo could be named defendants. If you are pre-law or just looking to kill some time, check out the affidavit by clicking on this link.

Apple iPhone 4G Preliminary Specifications

source: Wired

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12 Comments

1. JeffdaBeat unregistered

Again I think it all come down to the money aspect of it. Had the passed hands without money then it would have been a simple case of lost and found. But when you add money into it, Gizmodo bought a phone that they knew belonged to Apple.

5. pa156287

Posts: 23; Member since: Dec 11, 2008

what sucks is tht Jason's info is now public.

2. ostranderterry

Posts: 61; Member since: Apr 14, 2010

I was wondering when this was going to happen....like Apple is just gonna sit around while their POSSIBLE new iphone is being torn apart and shown to the world, lol

3. Gowireless

Posts: 85; Member since: Feb 23, 2010

new iphone=fail

4. *HOVA*

Posts: 564; Member since: Dec 11, 2008

Your Mom giving birth to you = fail.

6. Gowireless

Posts: 85; Member since: Feb 23, 2010

man hova mom jokes wow what r u in high school and your-2 you thought you were funny iphone=fail hova=fail

7. *HOVA*

Posts: 564; Member since: Dec 11, 2008

Well according to my vocabulary I must at least be in high school. You, on the other hand, are clearly struggling in kindergarten. You would be the typical idiot bashing a phone that hasn't even been released. Takes all sorts to make the world go 'round, glad you could fill the moron portion of that equation.

8. Gowireless

Posts: 85; Member since: Feb 23, 2010

lol yes im in high school how did you no dude your the moron you say im bashing a phone that hasnt been released but yet your sticking up for a phone that like you said hasnt came out yet again you fail sucks for you you must have a iphone and must be on At&t im sorry for that pay all that money get bad 3g bad customer service and for your info at&t just got the number one for the carrier with the most droped call so now what do you have to say get right get on vzw #1 for everything so your big words mean nothing your a moron pay more get less

9. whocares

Posts: 235; Member since: Dec 19, 2009

Bad grammar.

10. ostranderterry

Posts: 61; Member since: Apr 14, 2010

wow...did that just happen? lol....gotta love it

11. *HOVA*

Posts: 564; Member since: Dec 11, 2008

Yea, phonearena brings out all flavors of idiots.

12. lovebuzz

Posts: 76; Member since: Oct 21, 2009

Gowireless, I'm embarrassed that you're even on Verizon. You're seriously dragging down the intelligence quota there...

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