Gizmodo considers suing police after iPhone raid

A lawyer for Gizmodo says the gadget blog could sue the sheriff's office in San Mateo County, Calif., for raiding an editor's home last Friday as part of a criminal probe into an errant iPhone prototype.

The option of a lawsuit "is available because search is not the appropriate method in this situation," Thomas R. Burke, a media lawyer and partner in the San Francisco offices of Davis Wright Tremaine, told CNET. He said the search warrant violated a California journalist shield law designed to limit searches of newsrooms.

Burke added, however, that he has been in discussions with the San Mateo County District Attorney's office and that he appreciated prosecutors' agreement not to search editor Jason Chen's seized computers, iPad, and iPhone while talks are in progress.

"Very much to their credit, they aren't just putting their heads into the sand and saying, 'Go away,'" Burke said Tuesday afternoon. "The district attorney's office is independently looking at this. We're going to be sending them a detailed letter of what we already told them Saturday and yesterday."

For their part, San Mateo County prosecutors have told CNET they considered early on whether newsroom search laws applied--and decided to proceed only after carefully reviewing the rules. Stephen Wagstaffe, chief deputy district attorney, said the prosecutor "considered this issue right off the bat" and "had some good reasons why he and the judge felt the warrant was properly issued."

Gizmodo's parent company, Gawker Media, has said that the search warrant is "invalid," citing a California law curbing newsroom searches. So has the Electronic Frontier Foundation. On the other hand, if the Gizmodo employees who paid $5,000 for what they believed was a 4G iPhone prototype are targets of a criminal probe, it's likely that the law's protections do not apply and a civil lawsuit would be unsuccessful.

(Via CNET)

Comments

Post a Comment

Popular posts from this blog

Sunny von Bulow dies after 28 years in coma

Image
After spending nearly 28 years in an irreversible coma, heiress and socialite Martha "Sunny" von Bulow died Saturday in a New York nursing home, according to a family statement. She was 76. Von Bulow was subject of one of the nation's most sensational criminal cases during the 1980s. Her husband, Claus, was accused of trying to kill her with an overdose of insulin, which prosecutors alleged sent her into the coma. He was convicted of making two attempts on her life, but the conviction was overturned on appeal. He was acquitted in a second trial. His retrial in 1985 received national attention. (Via CNN )
Read more

Ric Alonso resigns from pageant association after porn revelation

Image
Kevin Hogan wasn't the only person this week ambushed out of a job for his participation in the gay adult film industry. FOX News reports : Ric Alonso and his partner of 21 years, Ernie Koneck, have both been both prominent power players in the Southern California Scholarship Association — an incorporated not-for-profit association — which produces the Miss Hollywood pageant, an official preliminary to Miss California, and a feeder to Miss America. Alonso is listed as the first “major sponsor” for 2011 scholarship donations, while partner Koneck has been the pageantry point of contact and is featured in photographs alongside the smiling young sashed pageant contestants. On Tuesday, Alonso was exposed by RadarOnline as adult film actor and producer "Jake Cruise". FOX News adds: Following the revelation, Koneck announced his resignation Tuesday as Executive Director of the Southern California Scholarship Association, and said Alonso was in no way involved in the Miss Holl
Read more

Make Jerry Curl Great Again

Image
You can't consider yourself a writer if you don't write. In recent years, I have probably said those words to myself so often that they could be considered a mantra; a mantra that I don't want to embody but one that is nonetheless true. I don't write anymore. I don't write to faraway friends. I don't write to remember. I don't write for pleasure. I don't write for release. I don't even Tweet. At a recent job interview (for another job I didn't really want), I was asked what I would do for a living if I could do anything. Without even thinking about it, I said I would be a writer. But that was a stock answer. It's the answer I've always given to that question. But this time the answer felt phony. It felt forced. It didn't feel like me anymore. The real, ugly, scary truth is that I don't know if I still got the right stuff to be the writer I wanted to be. While I have always questioned the validity of my own voice (my
Read more