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Gizmodo may attempt to sue police over iPhone prototype raid - Page 2

post #41 of 182
Whatever. No matter what, there was a theft. Somebody is going to jail.
post #42 of 182
Quote:
Originally Posted by Mister Sweaters View Post

I personally hope the engineer files suit for them dragging his name through the mud - however, unlike most of the self-proclaimed lawyers in this thread who will dispute my opinion in favor of Gizmodo, I don't claim to know the law, and I don't know if he can actually take them to court on any grounds?

I sure hope you don't live in the San Fernando Valley, cuz I definitely want my property back and I don't want to go on a wild-goose hunt to get it. I simply want to call the bar and have the bartender find it in the Lost and Found box.

But then simple and straight-forward aren't on your list, right?
post #43 of 182
Quote:
Originally Posted by ouragan View Post

There seems to be a clear abuse of power from the San Mateo County Police Department.

REACT - a joint task force of Federal and State Law-Enforcement Officials.

Only the first of many errors in your post.
post #44 of 182
Quote:
Originally Posted by nagromme View Post

It doesnt matter if anyone hates Apple or likes the iPhonethe law is the law. If the law allows journalists to be somehow free from searches no matter what, then every criminal is about to start a blog

Fortunately, that's not what the law reads. You're simply hearing the obfuscation from the attorneys who weren't even good enough to get hired by Psystar.

Quote:
Originally Posted by Mister Sweaters View Post

I personally hope the engineer files suit for them dragging his name through the mud - however, unlike most of the self-proclaimed lawyers in this thread who will dispute my opinion in favor of Gizmodo, I don't claim to know the law, and I don't know if he can actually take them to court on any grounds?

What an inane post. A crime was reported. Chen announced to the world that he was involved in the crime. Now, the public information is probably almost enough to convict, but it's certainly more than enough to get a valid search warrant - which is what the police did.

So why are you posting crazy ideas when you admit you don't know the law?

Quote:
Originally Posted by ouragan View Post

There seems to be a clear abuse of power from the San Mateo County Police Department. The basis for the search and seizure warrant was an accusation of theft. Yet, theft was not established nor do circumstances lead a reasonable person to believe that theft was committed.

Finding lost property is never theft.

Actually, it is if you don't make a REASONABLE attempt to return it or if you sell it before you've met the requirements for taking ownership. That applies in CA and almost every other state in the union (maybe all of them, but I didn't verify it). It also applies in any country whose legal system is based on British Common Law.

Please at least make an effort to stick to reality, OK?

Quote:
Originally Posted by jwdav View Post

If they press you on that, you could also explain that your didn't actually buy the car, you merely paid for exclusive access to the car.

Quote:
Originally Posted by Mister Sweaters View Post

and expose the dealer who lost the car when he left it unlocked in a parking lot.. after you've contacted Ferrari first to return it.

Quote:
Originally Posted by quinney View Post

Don't forget to publicize on your blog that you are offering the $5000 bounty.

Quote:
Originally Posted by macslut View Post

Hey, I know a place in Los Angeles that's filled with all kinds of high performance sports cars. And they're all lost. They're just sitting there with the keys in the ignition in a lot with a sign that says Valet Parking on it.

I'll find one of those, maybe say a Ferrari, and then I'll call a Ferrari mechanic just to make sure it doesn't actually belong to anyone who wants it back. In the meantime, I'll drive it over so it can be disassembled and collect my $5,000.

Quote:
Originally Posted by Rot'nApple View Post

You forgot to add at the end... "as he went into the Beer Garden for a few German Beers! Don't drink and drive!

Thank you all for helping me refine my business plan.

Although I think I'll have to add one more section to the business plan - threaten to sue the DA if you're caught.
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post #45 of 182
The cops ought to make copies of the contents of Chen's hard drives and then post them on the web. Then they can give the originals back. No harm, no foul.
post #46 of 182
Quote:
Originally Posted by Mister Sweaters View Post

and expose the dealer who lost the car when he left it unlocked in a parking lot.. after you've contacted Ferrari first to return it.

You mean after cruising around the country for weeks desperately "trying" to find the owner!
post #47 of 182
Quote:
Originally Posted by jragosta View Post

What an inane post. A crime was reported. Chen announced to the world that he was involved in the crime. Now, the public information is probably almost enough to convict, but it's certainly more than enough to get a valid search warrant - which is what the police did.

So why are you posting crazy ideas when you admit you don't know the law?

I was referring to the damaged reputation of the engineer, dullard. Since when does having a want/desire/any ol' passing thought require passing the bar and showing you my degree in law? God forbid I have an opinion
post #48 of 182
Quote:
Originally Posted by jragosta View Post



Originally Posted by Mister Sweaters
I personally hope the engineer files suit for them dragging his name through the mud - however, unlike most of the self-proclaimed lawyers in this thread who will dispute my opinion in favor of Gizmodo, I don't claim to know the law, and I don't know if he can actually take them to court on any grounds?

What an inane post. A crime was reported. Chen announced to the world that he was involved in the crime. Now, the public information is probably almost enough to convict, but it's certainly more than enough to get a valid search warrant - which is what the police did.

So why are you posting crazy ideas when you admit you don't know the law?

I don't think you understand what he wrote. He was talking about the engineer having a basis for filing a suit against Gizmodo for dragging his name through the mud.
post #49 of 182
Quote:
Originally Posted by macnyc View Post

I don't think you understand what he wrote. He was talking about the engineer having a basis for filing a suit against Gizmodo for dragging his name through the mud.

"thorough reading" is a foreign concept to him..
post #50 of 182
Quote:
Originally Posted by CurtisEMayle View Post

Jason Chen has retained outside criminal counsel.

Step 1 to cutting a deal and rolling on your bosses. \
post #51 of 182
Quote:
Originally Posted by ouragan View Post

There seems to be a clear abuse of power from the San Mateo County Police Department. The basis for the search and seizure warrant was an accusation of theft. Yet, theft was not established nor do circumstances lead a reasonable person to believe that theft was committed.

Finding lost property is never theft.

Instead of relying only on shield laws and the benevolence of police officers, Gizmodo and Jason Chen should contact lawyers working for the American Civil Liberties Association and claim punitive damages from Apple for making false accusations of theft, thereby staining the good reputation of Jason Chen, and claim punitive damages against the San Mateo County Police Department for an abusive search and seizure when:

1- The identity of the finder of the iPhone was known to the San Mateo County Police Department and he was interviewed by the San Mateo County Police Department;

2- Gizmodo and Gawker have publicly acknowledged that they held the iPhone prototype by publishing news report that were acknowledged by mainstream media like ABC World News;

3- Jason Chen agreed to return the iPhone prototype to Apple following the request by Apple's legal Vice President.

There was no basis for a search and seizure warrant. Sue for punitive damages.



All of this is true in Reverse World, but back here on Planet Earth it's not the same story. You should stop by for a visit some time, you might like it!
post #52 of 182
Quote:
Originally Posted by Killer's DAd View Post

I sure hope you don't live in the San Fernando Valley, cuz I definitely want my property back and I don't want to go on a wild-goose hunt to get it. I simply want to call the bar and have the bartender find it in the Lost and Found box.

But then simple and straight-forward aren't on your list, right?

I don't follow..
post #53 of 182
Quote:
Originally Posted by Mister Sweaters View Post



Gizmodo is the guy. Apple is the car. The road might as well be the iPhone prototype that they "found"

Actually I know from a reliable source that this video is a dramatization of what will happen to Chen when he goes to the slammer with the guy being Chen and the car being Chen's new cellmate Bubba.
post #54 of 182
All of California law enforcement and the judge that issue the warrent are Apple users. Apple bribe them with free iPads to bash Gizmodo.
post #55 of 182
Quote:
Originally Posted by lightstriker View Post

All of California law enforcement and the judge that issue the warrent are Apple users. Apple bribe them with free iPads to bash Gizmodo.

best conspiracy I've heard yet.
post #56 of 182
These losers aren't "journalists" That ended with Woodward and Bernstein. All we have are hacks with agendas. Saying his house is a newsroom is beyond ludicrous. They broke the law, now do the time. I would like to see someone at Gizmodo learning the fine art of teabagging.
post #57 of 182
Quote:
Originally Posted by SpotOn View Post

Go Gizmodo!

Imagine if the guy or Gizmodo sold the iPhone to the Chinese?

Yea! Count your blessings you got it back.

How do you know it wasn't?
post #58 of 182
Quote:
Originally Posted by Mister Sweaters View Post

I was referring to the damaged reputation of the engineer, dullard.

Well, let's see if you can understand simple context:

1. The title of the thread is "Gizmodo may attempt to sue police over iPhone prototype raid"

2. You posted a message that said "I personally hope the engineer files suit for them dragging his name through the mud"

Since you didn't say who 'them' is, it's not unreasonable to assume that you meant the police. I can see how you could have meant Gizmodo, but I don't think you should be calling someone 'dullard' when you can't seem to write a paragraph clearly stating your intent.
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post #59 of 182
Suddenly, everyone on this forum has become a law-abiding citizen.
What would YOU have done if you have found that phone?
Probably sell it to the highest bidder.
post #60 of 182
Quote:
Originally Posted by Mister Sweaters View Post

image: http://www.spootylinks.com//HLIC/9ef...dfeb4b4b23.gif

Gizmodo is the guy. Apple is the car. The road might as well be the iPhone prototype that they "found"

I'm always amazed at how shoes always pop off.
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post #61 of 182
Quote:
Originally Posted by ouragan View Post

There seems to be a clear abuse of power from the San Mateo County Police Department. The basis for the search and seizure warrant was an accusation of theft. Yet, theft was not established nor do circumstances lead a reasonable person to believe that theft was committed.

Finding lost property is never theft.

Instead of relying only on shield laws and the benevolence of police officers, Gizmodo and Jason Chen should contact lawyers working for the American Civil Liberties Association and claim punitive damages from Apple for making false accusations of theft, thereby staining the good reputation of Jason Chen, and claim punitive damages against the San Mateo County Police Department for an abusive search and seizure when:

1- The identity of the finder of the iPhone was known to the San Mateo County Police Department and he was interviewed by the San Mateo County Police Department;

2- Gizmodo and Gawker have publicly acknowledged that they held the iPhone prototype by publishing news report that were acknowledged by mainstream media like ABC World News;

3- Jason Chen agreed to return the iPhone prototype to Apple following the request by Apple's legal Vice President.

There was no basis for a search and seizure warrant. Sue for punitive damages.



Ah yes, the finders keepers precedent, established in Mrs. Bergmans 3rd grade class. With the losers weepers provision I assume.
Taking possession of lost property obligates you to several things. First you have to make a good faith effort to return it to the owner. Apparently the finder claims to have done this, although the specifics sound a bit lame let's assume his effort was a good faith one. If you can't find the owner you're required to turn it in to the police. The finder is legally obligated to take one or both of these actions or he can be found criminally liable. Shopping the lost item around to several tech blogs- wired, engadget, gizmodo was an incredibly dumb idea. The first two seemed to recognize this as trafficking in stolen merchandise and wisely declined.
More facts may come to light but right now the finder would be smart to plea bargain to avoid a federal theft charge and Giz should cut a deal to avoid a fedral charge of trafficking in stolen merchandise.
post #62 of 182
Quote:
Originally Posted by Doctor David View Post

Ah yes, the finders keepers precedent, established in Mrs. Bergmans 3rd grade class. With the losers weepers provision I assume. ...

Didn't Gizmodo also attempt to invoke the neener-neener provision?
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post #63 of 182
Can I get a tax break if I claim my home as a newsroom? If so I better start blogging!

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     Where were you when the hammer flew?  

 

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post #64 of 182
Quote:
Originally Posted by CurtisEMayle View Post

Didn't Gizmodo also attempt to invoke the neener-neener provision?

Lol. Yes, yes they did.
Awesome.
post #65 of 182
Quote:
Originally Posted by SpotOn View Post

Go Gizmodo!

And from everyone who was just about to buy a soon to be has-been iPhone a big THANKS!!

Apple screwed up, a mistake occurred and they just have to live with it and do better next time.

They can´t go around trying to change a tigers stripes or make the world obey their wishes.

Imagine if the guy or Gizmodo sold the iPhone to the Chinese?

Yea! Count your blessings you got it back.

I'm sure Apple IS glad that a bunch of rank amateurs stole the thing, instead of professional spies.

I don't get the "someone who was about to by a soon to be has-been iPhone" comment. Are you saying that you were planning to buy one, but now you won't, because um, well, I guess because someone stole the prototype? nah, makes no sense ... so what do you mean, really?
post #66 of 182
Quote:
Originally Posted by CurtisEMayle View Post

Didn't Gizmodo also attempt to invoke the neener-neener provision?

They are also preparing to use the 'Liar, liar, pants on fire" defense.
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post #67 of 182
Quote:
Originally Posted by jragosta View Post

Well, let's see if you can understand simple context:

1. The title of the thread is "Gizmodo may attempt to sue police over iPhone prototype raid"

2. You posted a message that said "I personally hope the engineer files suit for them dragging his name through the mud"

Since you didn't say who 'them' is, it's not unreasonable to assume that you meant the police. I can see how you could have meant Gizmodo, but I don't think you should be calling someone 'dullard' when you can't seem to write a paragraph clearly stating your intent.

I knew exactly what "Mr. Sweaters" meant. Especially the "dullard" part.
post #68 of 182
Quote:
Originally Posted by jragosta View Post

They are also preparing to use the 'Liar, liar, pants on fire" defense.

Well, it would seem congruent with their prior comments/behavior.
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post #69 of 182
Quote:
Originally Posted by CurtisEMayle View Post

Jason Chen has retained outside criminal counsel.

I think the story here is likely to turn out to be in large part how Gawker hung Chen out to dry. If I were Chen's personal lawyer I wouls have advised him against doing these even if there is some kind of argument otherwise.

P.s. The headline is retarded. "may attempt to sue." you mean they may sue? I cant imagine an attempt to sue. What do they keep dropping dead a foot from the clerk?
post #70 of 182
Quote:
Originally Posted by OC4Theo View Post

I say hang the bastards for their publicity stunt. They ruined the excitement. It used to be that the world waits for Steve to present the latest marvel, now the world may be waiting to confirm. What kind of bullshit is that. All because of Gizmodo?

Yes, I say hang the bastards!

They ruined the excitement so hang them? Ummm did you forget what site this is? This and MacRumors are the kings of ruining excitement sites. And you can bet AI LOVED to have all that excitement ruining info on their site when it broke.

Some people are messed up. It could legitimately be a newsroom. This is the internet. A newsroom doesn't have to be located at FOX news. They are a legit news reporting company. If the police broke any laws they should also be punished/sued.
post #71 of 182
Quote:
Originally Posted by Doctor David View Post

Lol. Yes, yes they did.
Awesome.

Yes, Gizmodo did invoke "neener neener" repeatedly until they realized they were being watched by the grown ups. They then shifted to the "did not" defense, but when hit with the "did too" charges, they quickly shifted to the "waaaa, waaaa" position.

Jury will be supplied with crying towels during closing arguments.
post #72 of 182
Quote:
Originally Posted by ouragan View Post


Finding lost property is never theft.

...

There was no basis for a search and seizure warrant. Sue for punitive damages.



If you're not a lawyer or law student, then read CA Penal Code section 485 and try again.

I'd you're a law student, take legal research over again.

If you're a lawyer don't advise clients. Ever.
post #73 of 182
I'm posting this from the bar where the iPhone prototype was stolen. OMG, the beer is awesome. So are the pretzels. If you live anywhere around here, you MUST go to this place. It will change your life...even if you don't lose the next generation iPhone.

Also, for what it's worth...if you were a phone thief, this place would keep you busy. There are iPhones, Blackberrys and whatnot all over the counters.
post #74 of 182
Quote:
Originally Posted by jragosta View Post

They are also preparing to use the 'Liar, liar, pants on fire" defense.

Excellent analysis! I was thinking "I'm rubber, you're glue", but "liar, liar" is clearly more appropriate.
post #75 of 182
Quote:
Originally Posted by EvasDaddy View Post

Yes, Gizmodo did invoke "neener neener" repeatedly until they realized they were being watched by the grown ups. They then shifted to the "did not" defense, but when hit with the "did too" charges, they quickly shifted to the "waaaa, waaaa" position.

Jury will be supplied with crying towels during closing arguments.

Two thumbs up!
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post #76 of 182
Gizmodo must have extremely stupid attorneys.

Their defense should be that Apple must prove malice of forethought. They should be putting it upon Apple to prove they (Gawker/Gizmodo) had knowledge what they were paying for exclusive right to was stolen property.

There are already a few things that make the warrant questionable, such as Apple had already regained possession of their property after Gizmodo proved it was actually Apple property and not a knock of by going the extra step of disassembling it.

The additional fact that the authorities had knowledge and have admitted to interviewing the party that had possession of the iPhone before said party sold it to Gawker and Gawker handed it over to Gizmodo to both verify its authenticity and report their findings.

IOW, they acted as reporters would.

The onus is on Apple. They quietly reported their item stolen and work under the assumption everyone involved with it would therefore know it was stolen, then utilized their influence to enact gestapo tactics of raiding a, for all intents and purposes, reporter's home to get.......what? They had everything Gizmodo had and they should have instead gone after the parent company, Gawker.

There was no reason to raid Jason Chen's home after they received back their property and at that point it should have either progressed to either a criminal investigation, charging Gawker with purchasing stolen property, Jason Chen with momentary possession of stolen property, and the perpetrator with the actual act of stealing said property, or a civil suit.

They have actually destroyed any case they had against Gizmodo or Gawker before it even happened by going for a theatrical show of force rather than following criminal procedure.

Let the flaming and name calling begin.......
post #77 of 182
Quote:
Originally Posted by harleighquinn View Post

Gizmodo must have extremely stupid attorneys.

Their defense should be that Apple must prove malice of forethought. They should be putting it upon Apple to prove they (Gawker/Gizmodo) had knowledge what they were paying for exclusive right to was stolen property.

There are already a few things that make the warrant questionable, such as Apple had already regained possession of their property after Gizmodo proved it was actually Apple property and not a knock of by going the extra step of disassembling it.

The additional fact that the authorities had knowledge and have admitted to interviewing the party that had possession of the iPhone before said party sold it to Gawker and Gawker handed it over to Gizmodo to both verify its authenticity and report their findings.

IOW, they acted as reporters would.

The onus is on Apple. They quietly reported their item stolen and work under the assumption everyone involved with it would therefore know it was stolen, then utilized their influence to enact gestapo tactics of raiding a, for all intents and purposes, reporter's home to get.......what? They had everything Gizmodo had and they should have instead gone after the parent company, Gawker.

There was no reason to raid Jason Chen's home after they received back their property and at that point it should have either progressed to either a criminal investigation, charging Gawker with purchasing stolen property, Jason Chen with momentary possession of stolen property, and the perpetrator with the actual act of stealing said property.

They have actually destroyed any case they had against Gizmodo or Gawker before it even happened by going for a theatrical show of force rather than following criminal procedure.

Let the flaming and name calling begin.......

Just curious, are you in any way related to Gaby Derbyshire?
Blindness is a condition as well as a state of mind.

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post #78 of 182
Quote:
Originally Posted by CurtisEMayle View Post

Just curious, are you in any way related to Gaby Derbyshire?

Nope. Beside the fact I live no where near california, am on the other coast, and if you search the previous thread on this issue, I made light of her little clothing malfunction.....

On second thought....yeah....I'm her mom.

I love seeing my little girl smashed beyond belief and showing her nipples to the world.

Are you freaking serious?!?!?
post #79 of 182
Quote:
Originally Posted by macnyc View Post

You mean after cruising around the country for weeks desperately "trying" to find the owner!

no silly, after trying to find various other news agencies that offer lost/found/locate and return services.
post #80 of 182
Quote:
Originally Posted by harleighquinn View Post

...

Are you freaking serious?!?!?

Not in the least.
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