Linked by Thom Holwerda on Mon 26th Apr 2010 23:11 UTC, submitted by UglyKidBill
Legal Well, this is unexpected. The iPhone 4G saga just got a whole lot crazier - dare I say it, a whole lot more ridiculous. Have you ever reported anything like a phone or something similarly small stolen to the police? What was their reaction? Did you ever get the device back? Did they send an army of officers to get your device back? No? Odd. They raided Jason Chen's house, and took four computers and two servers. Update: And thus our true colours reveal. "The raid that San Mateo area cops conducted last week on the house of Gizmodo editor Jason Chen came at the behest of a special multi-agency task force that was commissioned to work with the computer industry to tackle high-tech crimes. And Apple Inc. sits on the task force's steering committee." Update II: According to TechCrunch, the investigation has been put on hold while the DA ponders Gizmodo's shield defence. Update III: Some legal insight from a constitutional law and first amendment expert and a law professor. The gist? The DA has said no one has been charged with anything here, making this just an investigation - however, this makes the search and seizing of material worse. "If the police are literally just gathering information, with no suspect targeted yet, then a subpoena against a journalist would have probably been smarter than a search warranted that resulted in the front door of Chen's home being bashed in."
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Classic example of state oppression..
by pepper on Tue 27th Apr 2010 04:32 UTC
pepper
Member since:
2007-09-18

This is a classic example of a state oppressing its citicens.

What could possibly be the reason to invade this person's home and seize equippment? In Germany, this kind of thing is only allowed if the offense is sufficiently strong *and* if there is no other way to retrieve required evidence or some immediate danger to human life is at hand.

None of this is the case here. The chain of events is known to the police. Assuming that taking apart something that doesn't belong to you is a huge crime, what are the reasons for not simply arresting the offender and bringing him in for questioning?

Even if additional evidence from the computers is required to make a case and even if it must be suspected that the offender would delete this evidence if he had the chance, in Germany it would still be required to make the raid in presence of the person living in the house, to reduce social/psychological impact of this violation of privacy. It is also required to have one additional persons present as neutral witness.

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