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was illegal as it violated California Penal Code section 1524(g)'s prohibition against the issuance of warrants for "unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public."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The San Mateo County judge overseeing the Gizmodo case on Friday ordered the search warrant to be withdrawn and the materials taken from Mr.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

iOS 19 visionOS UI Elements

iOS 19 to Have Some of the 'Biggest' Design Changes in iPhone's History

Sunday March 16, 2025 10:35 am PDT by
Apple is planning some of the "biggest iOS and macOS redesigns in its history," according to Bloomberg's Mark Gurman. In his Power On newsletter today, Gurman reiterated that iOS 19 will have a visionOS-like design with more transparent interfaces:The new interfaces will adopt the design principles introduced in visionOS, the software for Apple's Vision Pro headset. That includes greater...
iphone 17 pro asherdipps

iPhone 17 Pro Max Rumors Allegedly Refer to 'iPhone 17 Ultra' Model

Friday March 14, 2025 7:56 am PDT by
If you've been following iPhone rumors over the last few years, you may remember reading reports that Apple flirted with the idea of introducing a super high-end "Ultra" model that would either replace its Pro Max device or sit above it in Apple's smartphone hirearchy. These reports appeared in the pre-launch iPhone 15 and iPhone 16 rumor cycles, but ultimately came to nothing. Now though, the...
Bent iPhone Air Feature

Apple Canned Larger iPhone 17 Air Model Over Fears of Bendgate 2.0

Monday March 17, 2025 4:07 am PDT by
Apple prototyped a larger ultra-slim iPhone 17 Air with a 6.9-inch display, but ultimately decided not to go ahead with the device because of fears that it could be susceptible to bending, according to a new report. Bloomberg reporter Mark Gurman, writing in his latest Power On newsletter: When it first started work on the phone, it prototyped a device with a 6.9-inch screen — matching...
iphone 16 pro models 1

Apple's First Foldable iPhone Estimated to Cost Nearly Twice as Much as iPhone 16 Pro Max

Monday March 17, 2025 6:42 am PDT by
In an investor research note today with British bank Barclays, analyst Tim Long said Apple's first foldable iPhone could have a starting price in the $2,300 range in the United States, which would make it by far the most expensive iPhone model ever. If the first foldable iPhone starts at $2,299, that means it would cost nearly twice as much as the iPhone 16 Pro Max, which starts at $1,199. ...
iPhone 17 Air Size Feature

'iPhone 17 Air' Rumored to Start at $899 With Surprisingly Good Battery Life, Camera Control, and More

Sunday March 16, 2025 9:05 am PDT by
Bloomberg's Mark Gurman today shared some new details about the rumored iPhone 17 Air. In his Power On newsletter, Gurman said he was told that the device may start at roughly $899 in the U.S., which means that it would occupy the same price point as the iPhone 16 Plus. This would make sense, as it has been widely rumored that the Air model will take over the Plus model's spot in the iPhone...
General iOS Mail Feature

iOS 18.3.2 Broke iCloud Mail Delivery

Monday March 17, 2025 3:31 pm PDT by
The iOS 18.3.2 update that Apple released last week appears to have broken iCloud Mail for some users. There are multiple complaints on Reddit and the MacRumors forums from users who say that iCloud Mail is not able to push new iCloud emails to their iPhones after the iOS 18.3.2 update. Affected users say that despite having the correct settings enabled, new iCloud emails are not showing up...
iphone 16e usb c feature

'iPhone 17 Air' is Step Towards Slimmer iPhones Without USB-C Ports

Sunday March 16, 2025 9:36 am PDT by
Apple considered launching the iPhone 17 Air without a USB-C charging port, according to Bloomberg's Mark Gurman. In his Power On newsletter today, Gurman said that while Apple ultimately decided against making the iPhone 17 Air its first iPhone model without a charging port, the idea is still on the table for future iPhone models. He said the iPhone 17 Air will "foreshadow a move to...
iphone 16 pro models 1

All Four iPhone 17 Models Rumored to Feature Upgraded 24-Megapixel Front Camera and More

Monday March 17, 2025 7:50 pm PDT by
All four iPhone 17 models launching later this year will feature an upgraded 24-megapixel front-facing camera, according to analyst Jeff Pu. In a research note today with investment firm GF Securities, Pu shared a chart in which he reiterated that the iPhone 17, iPhone 17 Air, iPhone 17 Pro, and iPhone 17 Pro Max will each be equipped with a 24-megapixel front camera. By comparison, all four ...