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Details of Lost Next-Generation iPhone Saga Revealed in Search Warrant Affidavit


Following on earlier news that a California court would be releasing documents related to a search warrant for the lost next-generation iPhone that ended up in the hands of Gizmodo, CNET has now posted the full documents released by the court. The documents indicate that Gizmodo's Jason Chen was considered in the requests to be a suspect in three felonies, including purchase or receipt of stolen property, theft of trade secrets, and malicious damage to another person's property (the prototype iPhone) valued at over $400.

The documents also include testimony that Brian Hogan, the finder of the iPhone, had received $8,500 from Gizmodo for the device, with an additional bonus payment to be made if Apple releases the expected device this summer.

The affidavit from Detective Matthew Broad outlines a series of events, including a discussion with Apple executives which revealed that Hogan's roommate had contacted Apple after Hogan connected the iPhone to her computer, fearing that the lost or stolen device would be traced back to her. Hogan's roommate cooperated fully with authorities and assisted them when Hogan and an acquaintance removed several pieces of evidence from his apartment. The evidence, which included a desktop computer, USB flash drive and memory card, and stickers from the iPhone prototype, were found in a church, under a bush, and in a gas station parking lot.

Hogan's roommate relates a story very similar to that previously related by Hogan to Gizmodo, suggesting that another bar patron had picked up the iPhone and given it to him thinking it was his. It is unclear exactly how Apple engineer Gray Powell lost the iPhone, although he noted that the last thing he remembered was placing it in a bag he had brought with him to the bar. The bag was later knocked over, and it is possible that the phone fell out at that time.

Hogan's roommate also noted that she and other attempted to talk him out of selling the prototype iPhone by pointing to the effect it could have on Powell's career, but he was unswayed. Hogan reportedly said, "Sucks for him. He lost his phone. Shouldn't have lost his phone."

The documents also include an email from Gizmodo editor Brian Lam to Apple CEO Steve Jobs in which he offered an explanation for his publication's actions and expressed disappointment that Gizmodo had been receiving less attention from Apple than other media outlets recently.

The thing is, Apple PR has been cold to us lately. It affected my ability to do my job right at iPad launch. So we had to go outside and find our stories like this one, very aggressively.

Apple also documented damage to the prototype iPhone upon its return, noting that a ribbon cable had been broken, a screw had been inserted incorrectly causing an electrical short, snaps for the back plate had been broken, and several screws had been stripped.

Overall, the investigation remains ongoing and neither Chen nor Hogan has been charged in relation to the case. The entire affidavit is fascinating to read and is available in its entirety (PDF), via Wired.

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23 months ago

The entire affidavit is fascinating to read and is available in its entirety.


It is an amazing read. How so many people can do such wrong is beyond me.....
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23 months ago
Additional incriminating stuff in this article: http://www.wired.com/threatlevel/2010/05/roommate-iphone/
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23 months ago
This is getting more and more interesting!
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23 months ago
Many, many personal details of the people involved in that document. They could have at least taken care to redact some of it :(
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23 months ago
Where are the numskulls who think that neither of these guys did anything wrong?

Or are they all still in that previous thread?

:) :p :D
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23 months ago

Additional incriminating stuff in this article: http://www.wired.com/threatlevel/2010/05/roommate-iphone/

That is an interesting read too.

Before seeing today's evidence I was indifferent to the whole affair but it seems that the fools who found the phone and Giz were up to no good.
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23 months ago

It is an amazing read. How so many people can do such wrong is beyond me.....


But being a journalist gives you the right to break the law with impunity. Just like in those Fletch movies.
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23 months ago
GIZMODO FAIL! :cool:
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23 months ago
They paid 8,500 plus a possible bonus, well if that doesn't spell guilty I don't know what does. And claiming "we did it cause Apple doesn't like as as much" is as good of a defense as the Chewbacca defense. This just shows how unprofessional and horrible that website and gawker are. They don't deserve to be considered press if they think breaking the law for a news story is ok.
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23 months ago
I read the entire thing an hour ago at cnet. MR can be slow to report things it seems. I see the entire story now. Not just Gizmodos. I think this Brain guy is an ass. He knew it was more than a 3GS, but offers no sympathy. He could have wrote to Apple and included photos. But still why Gray would bring something priceless to a bar, where people get drunk is beyond me. I'm not liking Gizmodo/Jason's actions either. tearing the phone apart, and screwing it up.

Its a BIG mistake on Apple's part to trust a young 27 year old with something priceless. Yet, this Brian guy should have done the right thing. Now can someone explain the 2 other leaked prototypes?
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