![]() And that again begs the question: are the police are going after Gawker or the person who initially obtained the phone? Or both?Ĭhen, in recounting the evening, notes that “ officers told me I wasn’t under arrest or being detailed, so I could leave whenever I want.” Obviously, the courts have all the proof they need of Chen, at least at one point, having the device, as the videos/images of him with it have been viewed millions of times on the web. Then the issue of whether Gawker knew it was a stolen good comes into the spotlight again. However, as one commenter over on Hacker News wisely observes, “ It does not protect evidence related to the commission of a crime.” The fact that Gawker paid $5,000 for the item Apple is saying was stolen makes this relevant. Further, section 1070 of the California Evidence Code protects journalists from having to reveal sources of information when a court is doing discovery. Darbyshire makes sure to note that this includes online journalists, as was proven by the case O’Grady v. In a letter to the police detectives, Gawker COO and legal representative, Gaby Darbyshire, says that the warrant and subsequent search/seizure of Chen’s home violate section 1524(g) of California’s Penal Code - the code protecting journalists. That raises the question: are the police going after Gawker, or are they simply looking for evidence of who actually took/found the device? And if that’s the case, is it legal to search the home of a journalist to find such information?Ĭlearly, Gawker doesn’t believe so. What may be most interesting right now is not what the police did, but what they didn’t do: arrest Chen or anyone else related to Gawker media. Ever since it initially broke, this story has been fascinating for a number of reasons, and new ones continue to reveal themselves. Their mission? To search the premise and confiscate all items that could be related to the supposed theft of the next generation iPhone prototype. Friday evening, police raided the home of Gizmodo editor Jason Chen. ![]()
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