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Gizmodo blogger escapes charges in iPhone case

Written by James Delahunty (Google+) @ 10 Aug 2011 18:23 User comments (9)

Gizmodo blogger escapes charges in iPhone case Jason Chen won't face charges for buying prototype iPhone found in a bar.
San Mateo County Assistant District Attorney Morley Pitt said that Chen is protected by California's shield law, that protects the confidentiality of journalists' sources. "The difficulty we faced is that Mr. Chen and Gizmodo were primarily, in their view, engaged in a journalistic endeavor to conduct an investigation into the phone and type of phone it was and they were protected by the shield law," said Pitt.

"We concluded it is a very gray area, they do have a potential claim and this was not the case with which we were going to push the envelope."

Misdemeanor charges were filed against two men however. Brian Hogen and Sage Wallower found and sold the prototype device after it was left at a bar by an Apple employee. Hogan was charged with misappropriation of lost property, as was Wallower who was also charged with possession of stolen property.

After Gizmodo posted images of the prototype iPhone, Chen's home was raided and his computer was seized. The raid was highly criticized in the media, as the state law prohibits the seizure of unpublished notes from journalists.

Tags: Apple iPhone
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9 user comments

110.8.2011 19:33

"Brian Hogen and Sage Wallower found and sold the prototype device after it was left at a bar by an Apple employee. Hogan was charged with misappropriation of lost property, as was Wallower who was also charged with possession of stolen property. "

How the hell does this count as stolen property when someone freaking dropped their own things or left their own things? example "My wallet got stolen!" "no it didn't, you dropped it behind you when you took your keys out" "It was stolen by my keys" WTF?

this case is stupid

This message has been edited since its posting. Latest edit was made on 11 Aug 2011 @ 0:48

Being nice always has its own consequences

210.8.2011 22:18

Not sure why you can't charge someone who knowingly purchased something that didn't belong to the seller???

I would add that "bloggers" aren't "journalists," but it seems many supposed journalists aren't really either. :-)

311.8.2011 2:54

the person that dropped the iphone (he probably sold it for cash anyway and pretended he dropped it) should be charged with entrapment.hey i might go to the ghetto and drop a $1000 mobile phone and then when someone takes it i will yell theif and get the cops to raid every ones houses and confiscate all there stuff.


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411.8.2011 12:44

Originally posted by xnonsuchx:
I would add that "bloggers" aren't "journalists," but it seems many supposed journalists aren't really either. :-)

Some bloggers, yes, but not all bloggers.

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511.8.2011 14:33

did he get his stuff back?

612.8.2011 8:57

Originally posted by xboxdvl2:
the person that dropped the iphone (he probably sold it for cash anyway and pretended he dropped it) should be charged with entrapment.hey i might go to the ghetto and drop a $1000 mobile phone and then when someone takes it i will yell theif and get the cops to raid every ones houses and confiscate all there stuff.
Why does it need to be the "ghetto". You would probably get a greater response from going to a high school during lunch. Then you can raid all the lockers and give parents back all their prescription drugs.

712.8.2011 11:17

Originally posted by Hyasuma:
"Brian Hogen and Sage Wallower found and sold the prototype device after it was left at a bar by an Apple employee. Hogan was charged with misappropriation of lost property, as was Wallower who was also charged with possession of stolen property. "

How the hell does this count as stolen property when someone freaking dropped their own things or left their own things? example "My wallet got stolen!" "no it didn't, you dropped it behind you when you took your keys out" "It was stolen by my keys" WTF?

this case is stupid
In the state of California, if you have an idea of the rightful owner you must make a reasonable attempt to return said property.
If you don't it's misappropriation/theft of lost property.

The two people that found and sold the phone to Gizmodo make the wrong call.

812.8.2011 22:23

Quote:
In the state of California, if you have an idea of the rightful owner you must make a reasonable attempt to return said property.
If you don't it's misappropriation/theft of lost property.

The two people that found and sold the phone to Gizmodo make the wrong call.
I still say that for *anyone* to believe that this guy just left that prototype there is BS...what a scam lol

914.8.2011 15:24

The home of Mr Chen wasn't raided in the search for evidence. This was a message to others with the audacity to report on apple products without their "blessing" that this could happen on you. I find the kowtowing to the Cult of Apple by law enforcement both disturbing, and despicable.

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