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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Kind of scary
by Zifre on Mon 26th Apr 2010 23:32 UTC
Zifre
Member since:
2009-10-04

It's kind of scary that the police can just break into your home and steal things without you knowing and without any valid reason. (How would seizing these computers help them get the device back to Apple?)

It would have made much more sense if the police just forced him to hand over the necessary information.

Reply Score: 12

RE: Kind of scary
by Morgan on Tue 27th Apr 2010 00:27 in reply to "Kind of scary"
Morgan Member since:
2005-06-29

There was a "valid" reason: Intimidation. Corporate-bought intimidation from the one government entity that can 100% fuck your life over: The Fuzz. "What's this, Mr. Chen? Illegal pictures found on your hard drive? Well of course they're yours, it would be illegal for us to plant them. Why, you're looking at 30 years in PMITA prison, son! What's that? You'll cooperate fully now? We thought so."

It sounds like something out of a bad Michael Crichton movie, but it happens in the real world too. Work in law enforcement for a week and I guarantee you'll see something like this go down.

Reply Parent Score: 12

RE[2]: Kind of scary
by fanboi_fanboi on Tue 27th Apr 2010 13:52 in reply to "RE: Kind of scary"
fanboi_fanboi Member since:
2010-04-21

Wow, how's that tinfoil hat fitting?

A crime was committed. The injured party (Apple) reported it. The local police followed due process to begin to solve the crime.

Please, go back to Roswell.

Reply Parent Score: -1

RE: Kind of scary
by tyrione on Tue 27th Apr 2010 04:18 in reply to "Kind of scary"
tyrione Member since:
2005-11-21

It's kind of scary that the police can just break into your home and steal things without you knowing and without any valid reason. (How would seizing these computers help them get the device back to Apple?)

It would have made much more sense if the police just forced him to hand over the necessary information.


What's scary is your lack of grasping what transpired during the course of events that lead up to the lawful search and seizure.

Reply Parent Score: -1

RE[2]: Kind of scary
by Soulbender on Tue 27th Apr 2010 15:35 in reply to "RE: Kind of scary"
Soulbender Member since:
2005-08-18

As much as you bend over for Apple I think we now know who the goatse.cx guy was.

Reply Parent Score: 3

RE[2]: Kind of scary
by sorpigal on Wed 28th Apr 2010 11:50 in reply to "RE: Kind of scary"
sorpigal Member since:
2005-11-02

I find it highly suspect that a 'lawful' search and seizure was required in a 'case' that had no secrets.

The guy already admitted--via publication--that he had the phone. The phone was already returned. Where exactly is the justification for raiding the private residence of an employee who, as part of his job, posted a review on his employer's web site of a device his employer acquired? This kind of behavior is a gross over-reaction at best and smells a lot more like official thuggery.

If there was a crime committed it was not committed at the reviewer's home. Furthermore, there is no evidence of any crime worse than receiving stolen goods, so unless there is reasonable suspicious that the guy is a fence or in some way involved in routinely trafficking stolen goods (hint: there isn't) then there is no reason to raid his house.

Reply Parent Score: 2