Authorities Withdraw Search Warrant in Gizmodo iPhone 4 Case [Updated]

160628 chen iphone

The Electronic Frontier Foundation (EFF) reports that the San Mateo County District Attorney's office has been granted a withdrawal of its controversial search warrant used to seize items from the home of Gizmodo editor Jason Chen in the wake of the site's purchase of and publication of details on an iPhone 4 prototype lost in a bar earlier this year.

As EFF repeatedly noted at the time, the warrant-backed search of Chen's home was illegal as it violated California Penal Code section 1524(g)'s prohibition against the issuance of warrants for "unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public."

As a result of the withdrawal, all information and equipment must be returned to Chen. This does not, however, mean that the potential case has been dismissed. In addition to evidence gathered through other means, the District Attorney's office could skirt around the questionably-issued search warrant and request a subpoena for access to the same items, but it is unclear whether it intends to do so.

Apple CEO Steve Jobs noted early last month that he had received advice from acquaintances urging him to "let it slide", but that his belief in the values of Apple compelled him to pursue the issue and report the iPhone's disappearance and subsequent resurfacing to the authorities.

Update: According to The Wall Street Journal, Gizmodo has agreed to cooperate with authorities, paving the way for withdrawal of the search warrant.

The San Mateo County judge overseeing the Gizmodo case on Friday ordered the search warrant to be withdrawn and the materials taken from Mr. Chen to be returned to him. Gawker Media Chief Operating Officer Gaby Darbyshire said Gizmodo has agreed voluntarily to give the district attorney materials that a court appointee "deems relevant to the case."

Chris Feasel, deputy district attorney for San Mateo County, said Friday that the investigation into Gizmodo is ongoing. "Mr. Chen and Gizmodo have agreed to cooperate with our investigation," he said.

Related Forum: iPhone

Popular Stories

iphone 17 models

No iPhone 18 Launch This Year, Reports Suggest

Thursday January 1, 2026 8:43 am PST by
Apple is not expected to release a standard iPhone 18 model this year, according to a growing number of reports that suggest the company is planning a significant change to its long-standing annual iPhone launch cycle. Despite the immense success of the iPhone 17 in 2025, the iPhone 18 is not expected to arrive until the spring of 2027, leaving the iPhone 17 in the lineup as the latest...
duolingo ad live activity

Duolingo Used iPhone's Dynamic Island to Display Ads, Violating Apple Design Guidelines

Friday January 2, 2026 1:36 pm PST by
Language learning app Duolingo has apparently been using the iPhone's Live Activity feature to display ads on the Lock Screen and the Dynamic Island, which violates Apple's design guidelines. According to multiple reports on Reddit, the Duolingo app has been displaying an ad for a "Super offer," which is Duolingo's paid subscription option. Apple's guidelines for Live Activity state that...
Clicks Communicator Feature

'Clicks Communicator' Unveiled — Will You Carry This With Your iPhone?

Friday January 2, 2026 6:35 am PST by
The company behind the BlackBerry-like Clicks Keyboard accessory for the iPhone today unveiled a new Android 16 smartphone called the Clicks Communicator. The purpose-built device is designed to be used as a second phone alongside your iPhone, with the intended focus being communication over content consumption. It runs a custom Android launcher that offers a curated selection of messaging...
Low Cost MacBook Feature A18 Pro

Low-Price 12.9-Inch MacBook With A18 Pro Chip Reportedly Launching Early This Year

Friday January 2, 2026 9:08 am PST by
Apple plans to introduce a 12.9-inch MacBook in spring 2026, according to TrendForce. In a press release this week, the Taiwanese research firm said this MacBook will be aimed at the entry-level to mid-range market, with "competitive pricing." TrendForce did not share any further details about this MacBook, but the information that it shared lines up with several rumors about a more...
Low Cost A18 Pro MacBook Feature Pink

Apple's 2026 Low-Cost A18 Pro MacBook: What We Know So Far

Friday January 2, 2026 4:33 pm PST by
Apple is planning to release a low-cost MacBook in 2026, which will apparently compete with more affordable Chromebooks and Windows PCs. Apple's most affordable Mac right now is the $999 MacBook Air, and the upcoming low-cost MacBook is expected to be cheaper. Here's what we know about the low-cost MacBook so far. Size Rumors suggest the low-cost MacBook will have a display that's around 13 ...
Apple Fitness Plus hero

Apple Announces New Fitness+ Workout Programs, Strava Challenge, and More

Friday January 2, 2026 6:43 am PST by
Apple today announced a number of updates to Apple Fitness+ and activity with the Apple Watch. The key announcements include: New Year limited-edition award: Users can win the award by closing all three Activity Rings for seven days in a row in January. "Quit Quitting" Strava challenge: Available in Strava throughout January, users who log 12 workouts anytime in the month will win an ...
Mac Pro Feature Blue

What's Happening With the Mac Pro?

Wednesday December 31, 2025 9:59 am PST by
Apple hasn't updated the Mac Pro since 2023, and according to recent rumors, there's no update coming in the near future. In fact, Apple might be finished with the Mac Pro. Bloomberg recently said that the Mac Pro is "on the back burner" and has been "largely written off" by Apple. Apple apparently views the more compact Mac Studio as the ideal high-end pro-level desktop, and it has almost...