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News Link • Privacy Rights

Police Who Illegally Broke Into Gizmodo Journalist's House Deride Seized E-mails as "Juveni

• Electronic Frontier Foundation

The saga of the lost iPhone prototype -- the 2010 incident at least, not the most recent one -- has finally concluded. On Tuesday, Brian Hogan (who allegedly found the iPhone 4 prototype in a Redwood City bar) and Sage Wallower (who allegedly helped Hogan contact various web sites about the find) pleaded no contest to misdemeanor theft and were sentenced to probation, 40 hours of community service, and $250 each in restitution payments to Apple.

As part of the criminal investigation surrounding the incident last year, agents with the Rapid Enforcement Allied Computer Team (REACT), a "partnership of 17 local, state, and federal agencies" focused on computer-related crime in the Bay Area, executed a warrant and raided the home of Gizmodo editor Jason Chen, searching for evidence related to Gizmodo's scoop about the lost phone. As we repeatedly pointed out at the time, regardless of whether Chen or Gizmodo could have been charged with any crime related to obtaining and discussing the phone, state and federal law plainly barred the issuance and execution of the search warrant directed at journalist-held information "obtained or prepared in gathering, receiving or processing of information for communication to the public." While never discussing the matter directly, the San Mateo D.A.'s office tacitly conceded as much three months later when they petitioned the court to withdraw the warrant.


1 Comments in Response to

Comment by David Jackson
Entered on:

 Sociopathic thugs learn - if at all - only from having to pay a price for their abuses.

  As to the rampant violations of the rights of U.S. citizens , by America's New Gestapo thugs, since they are not held accountable and experience no form(s) of sanctions for their CRIMES, about all that can be expected is that they will continue to abuse their government-codified and -encouraged abuive behaviors.

  Regarding those who encourage, promote, allow, and ignore the blatant and vile repudiation of the civil and human rights of Americans - including the self-satisfied, second-rate, heads-up- their-asses citizens, themselves - they are the enemy of every free man, woman, and child on the face of the earth. They are the scum they strive so ardently to be!  

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