San Jose Business Journal is reporting that Apple had requested for the criminal investigation of lost iPhone 4G prototype incident.
Police have apparently identified and interviewed the person who had found the next generation iPhone prototype that was left by an Apple engineer in a San Jose bar.
It is still not clear whether the person interviewed by the police is the same person who sold the lost iPhone to Gizmodo for $5000.
San Jose Business Journal reports:
Wagstaffe said that an outside counsel for Apple, along with Apple engineer Powell, called the District Attorney’s office on Wednesday or Thursday of last week to report a theft had occurred and they wanted it investigated. The District Attorney’s office then referred them to the Rapid Enforcement and Allied Computer Team, or REACT, a multi-jurisdictional, high-tech crime task force that operates under the Santa Clara County District Attorney’s office.
Based on this, California’s Rapid Enforcement Allied Computer Team entered Gizmodo editor Jason Chen’s house on Friday night with a search warrant and had confiscated a total of 24 items, which includes computers and servers used by him.
However, the investigation had been put on hold as the District Attorney wanted to evaluate if the shield laws that Gizmodo had highlighted do apply.
Meanwhile, Wired.com is reporting that the person who found the lost device actually tried to return it:
The finder attempted to notify Apple and find the owner of the device but failed, even going so far as to search alphabetically through Facebook, the source said. Thoughts then turned to contacting the press about the device to confirm its authenticity and help locate the owner, but early attempts to drum up interest went unanswered. After a few days with no response, the finder expanded the search.
According to their source who apparently has direct knowledge of the Gizmodo transaction claims that the $5000 payment for the lost iPhone prototype is incorrect.
News accounts depicting the $5,000 payment as a “sale” are incorrect, this person said. Rather, the agreement with Gizmodo was for exclusivity only. “It was made very explicit that Gizmodo was to help the finder return the phone to its rightful owner or give it back,” this person said. “Gizmodo said they could help restore the phone.”
Wired also claims that even they received an email on March 28 offering access to the lost device but did not follow up as the person was asking for money.
What would you have done if you had found the next generation iPhone in a bar?
[via San Jose Business Journal, Wired]
What a ridiculous investigation. It's poor use of resources. They need to go solve some real crimes. If I find an iphone, it's mine. I've lost phones/money before and it was never returned to me. Filing a police report does nothing other than force my insurance to cover it.
This is nothing but a publicity stunt. Maybe the DA is up for re-election and needs the press.
I agree how ridiculous is this?
Apple needs to get their heads out their own ass, move on that their phone is out and just make it better esthetically atleast.
To answer the question, sell the exclusitivity of the phone and that's all. I wouldn't give it back. Fucken moron whoever lost it for being drunk.
@all
The ultimate publicity…
As what John said, I too have lost cell phones, the police "…are not here to find your lost phone." Nice to know that Apple drops a dime and every department stops in its tracks to locate this device.
What happened to Shield Law?
[A "shield law" is legislation designed to provide a news reporter with the right to refuse to testify as to information and/or sources of information obtained during the newsgathering and dissemination process.]
And What about the legality of the search? (Forth Amendment…)
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Possible reason?
* the police have probable cause to believe they can find evidence that you committed a crime, and a judge issues a search warrant
–I'm trying to figure out what crime was committed, if what they were doing was actually illegal. They provided news/information.
* the particular circumstances justify the search without a warrant first being issued.
–They're act put no one in danger, or could not potentially threaten any liberties of other.
What do you guys think?
And Microsoft security was thought scary
Sent from my Acer One hehe
this was all staged..just for publicity
ehhhhhh If I found that iPhone I would keep as a toy…maybe open it and see what's inside or sell it for a ps3 ^,^
If I found the phone I would not have asked for money. I would have just made sure that the press showed it off. Also I wonder if Apple would have given this person a reward for finding the phone…NOT.
what would happen if Jason Chen first got home and saw his door got busted in, he immediately take the gun from his car and start shooting at the officer who first walk out of no where in his house….
Then they start shooting at each other….that would be an interesting news. I can't believe law enforcement use such resource to break in somebody else house in an unacceptable way. they act like he's some kind of serial killer.
There are alot of real crimes out there waiting for them to solve………but they wasted resources on this ridiculous lost and found iPhone case.
I sense something is not right….i really want to hear some lawsuit about this.
If i find an iphone, it's mine hahaha
It's amazing and comical how the cockroaches are scurrying and changing their stories! The guy stole the iPhone and sold it! He never told anyone at the bar that he found an iPhone. That's the logical way to return a found cellphone to it's owner. The guy may have called Apple but only to try to extort $$ from them too. Now he and Gizmodo have come up with this BS story about paying only for "Exclusivity"!! What a crock! Engadget had pics too. How exclusive is that?
I'm sure the confiscated computers will tell the real story! Gizmodo's gonna be in a world of hurt along with the phone seller!
this is F rediculous. I lost a iphone at a restaurant and having security camera. I requested to look at the record the but it was refused. I called San Jose police Dept and they told me that nothing they can to because they said the can not request that either.
so what the F is the case here. the phone was lost. If the person found it, that person have the right to return to the owner. it is not a must. I agreed with John. This is a F waste of resources. Come on, please something useful other than kiss APPLE's Ass. Honestly, i like Apple product but i do not like the way they doing business.
lol i would sell it to HTC or RIM or Google for hundreds of thousands but hey thats just me lol
Wees… your English is getting pretty good. What country did you migrate from originally, I forgot what you mentioned earlier? Sorry.
I agree with you that police resources are too thin already to play up to some publicity stunt to justify the existence of REACT.
First!
This is really a joke for me…lost in a bar…
I hope he won;t lose this job!!!
Hahahahahaha Best one I've read today!
Fugh Tarde, ^,^ stop mocking at my english….its my secondary language. atlease i can type, read and speake……….. forget about grammars!!!!!………
I can't wait until this backfires on Apple with the insurmountable bad press this will surely generate.
I thought we were going to make save Gray Powell tshirts, but i can see the benefit concerts now to free Jason Chen.
Everybody is making the assumption that the iPhone was lost and not stolen from him. All the comments thus far, including mine, amount to nothing but lip service.
KennyRoody… feel free to post your JD credentials here but the shield law does not protect you if you pay for/received 'allegedly' stolen property. Once the article and pictures were posted that opened up the proof needed for the search warrant. I’ll be the first to agree it is fuzzy law at best and Apple is reaching to protect their own. Why is it incomprehensible to think that any company wants their R&D projects in public?
If gizmodo would have not retained possession of the iPhone, this article would most certainly have been written differently. Possession is nine tenths of the law.
Everybody is making the assumption that the iPhone was lost and not stolen from him. All the comments thus far, including mine, amount to nothing but lip service.
KennyRoody… feel free to post your JD credentials here but the shield law does not protect you if you pay for/received 'allegedly' stolen property. Once the article and pictures were posted that opened up the proof needed for the search warrant. I’ll be the first to agree it is fuzzy law at best and Apple is reaching to protect their own. Why is it incomprehensible to think that any company wants their R&D projects in public?
If gizmodo would have not retained possession of the iPhone, this article would most certainly have been written differently. Possession is nine tenths of the law.
Plain and simple things
•A lost item should be turned over to the police.
This would take the finder out of the loop, put it in peoples hands that can properly locate the owner of wait for the owner to contact them.
•Apple has a right to protect it's own property including tangible a intellectual.
•The REACT team is there to protect the tech industry just as a beat cop is there to protect a citizen. To say that the resources would be better served fighting crime is just silly. Instances like the 4G phone is a specific crime and REACT is mandated to investigate it.
•If you found Pandora's Box. Don't open it. It only brings sorrow.
You sound kinda like what I imagine the guy who "found" my NDS in my car would sound like. He "found" it sitting in my car so it was his, and the only way to get what was his out of my car was to bust my window in.
i thought the phone was returned, so why was this guys house searched? apple just needs to change their employee policy when field testing prototype units and not pointing fingers at people outside their own organization.
Did the find my Iphone feature not work for apple.
Try and find owner for a while, but keep it. When I found it was a prototype I'd turn off all data and stuff so they couldn't kill it. SuckitApple!!!
First thing i would have done, is pull the freaking sim out of the phone. I don't care what you think my morals are but i have lot iphones and other phone and never got them back.
To all those acting like idiots with high standards, STFU. Chen did what any news company would have done the same. Its only my 2 cents. Peace out!
Apple work on your new release… Whats the point…
Tell that to the CA taxpayers standing in the
unemployment line when this goes to court.
What a missed opportunity. I'm sure GeoHot would like to have given it a once over.
@i 'heart' steve jobs
I like your debate… and accept your challenge. However, I am not an attorney (by any measure). Actually, just a fellow geek. I am however biased towards Gizmodo. I have been following the case closely and trying to identify any means of protection I would use were this me. I appreciate your reading my comment. I would also like to add, I agree with your concern that Apple is "protecting their own". I just disagree in their methods. And I wonder how the article may have been written, "Gizmodo Returns Stolen iPhone".
//One can only ponder.
Not necessary, iPhone OS 4.0 (8a230m) beta is already online to pick at, and scrutinize.
*Update* – Has already been JB'en.