The search warrant was illegal. It had been procured under false pretenses and so it was no search warrant. The act was a "break in" even if the individual officers may not be able to be found culpable for it.
What are you basing this conclusion on other than the assumptions and the misinformation written in both of those articles? What California or federal court has stated that the search warrant was illegal? Where has the DA "admitted" that the search warrant was issued under "false pretenses"?
Under what "false pretenses" was the search warrant supposedly "procured", or issued?
The search warrant was for the recovery of Apple's stolen property (the iPhone prototype). The prototype was originally lost property, but became stolen property when the individual who discovered it sold it to Gizmodo for several thousand dollars. The seller and Gizmodo agreed on such an outrageous price because they both knew the phone to be authentic and understood its value as an un-announced iPhone prototype.
That knowledge and transaction is what made this a crime involving stolen property. Being the home of silicon valley, California takes its trade secrets laws (of which there are many) very seriously. There are criminal penalties for stealing, misappropriating, and publishing trade secrets:
Cal. Penal Code ÂÂ 499c, 502
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9
Steve Jobs personally requested that Gizmodo return the iPhone prototype. Gizmodo refused and attempted to extort an official press statement or exclusive interview out of Jobs instead as a "condition" of the iPhone's return. That is extortion.
Correspondence between Jobs and Gizmodo, five Gizmodo front page articles about the iPhone prototype, editor Jason Chen's videos handling and dissecting the iPhone prototype, as well as police interviews with the seller of the iPhone prototype, were all more than what was needed to meet probable cause and issue a warrant on Chen's residence to recover the phone and collect evidence.
What evidence do either of these article authors have that the warrant was illegal?
I've yet to see any.
Just because one thing is true does not mean that another is not true. In this case the DA suddenly realised that he had broken the law (or less charitably, realised he had been caught breaking the law)
If either of these article authors are going to insist that the DA acted a certain way because he "knew he had broken the law", then why can't they meet their burden of proof and produce a single statement by the DA, or any US court, intimating as much?
and, correctly, attempted to minimise the damage this would do by also petitioning to withdraw the search warrant.
The DA's Office signed an order withdrawing the search warrant because they had already collected all of the evidence that they, or Apple, would need in any subsequent legal proceedings against editor Jason Chen and/or Gizmodo (Gawker Media). The DA's withdrew the search warrant and returned Chen's property to him under the following conditions:
Further, the parties involved shall waive all authenticity and foundational objection in any future proceedings regarding any documents found or discovered between the parties. The images returned to counsel shall remain sealed and in the possession of counsel until such time as necessary, or upon application to the Court with due notice to all of the parties involved.
If the search warrant was "illegal", then why did neither the court, nor Jason Chen's counsel have anything to say about the evidence that the DA's office collected and documented for any future legal proceeding -- civil or criminal?
This is clearly visible in the page on the EFF website [eff.org] which covers this request
Yes, EFF claims as much. But nowhere in the order does it actually state...
"Illegal search warrant."
"Search warrant issued under false pretenses."
Or anything about evidence being procured illegally and being inadmissible.
This is an order by the DA withdrawing the search warrant on Chen so that his property can be returned now that the DA's office has inspected, copied, and documented whatever it or Apple may need in subsequent proceedings. Chen works for Gizmodo from his home. His computer and cameras are necessary for his work. Once the DA's office collected all of the evidence that it needed, it withdrew the search warrant and released this property back to Chen.
There are no admissions here. The only insinuations are written by the authors of the
The DA's petition to withdraw the warrant, which it appears you were ignorant of, is a pretty clear admission that some law had a pretty good chance of shielding Gizmodo. Various posturing in the press about what they have or hadn't done is not something which can be compared to a court document.
I was not ignorant of the DA's order to withdraw the warrant.
I am also not ignorant of California law, working in the legal field in this state.
What is ignorant is for both of these article authors to claim that an order withdrawing a search warrant and releasing personal property is an "admission" of anything sinister, let alone illegal.
That's almost as careless of a journalistic practice as paying for a stolen iPhone prototype.
Your post is certainly on the point and above average here though to really get modded up you need to do better. Welcome to Slashdot. BTW; you will find that
<quote>
is better than
<i>
and more standard Slashdot style.
Thanks you for the advice and help with the tags. I hope that my post is less confusing to read now with quote tags.
Where there's a will, there's a relative.