Gizmodo Cleared as Charges Finally Brought in Lost Prototype iPhone 4 Case

Gizmodo notes that the San Mateo County District Attorney has released an official statement announcing that misdemeanor charges have been brought against two individuals involved in the sale of an iPhone 4 prototype found in a bar back in March 2010 and subsequently sold to Gizmodo.

gizmodo chen iphone 4 prototype
Gizmodo, parent company Gawker Media, and Gizmodo editor Jason Chen have been officially cleared and will not be charged in connection with the case. From the district attorney's press release:

The San Mateo County District Attorney’s Office has filed misdemeanor charges against two individuals for the misappropriation of an iPhone 4 prototype that was lost by an Apple employee and subsequently recovered in a Redwood City establishment by the defendants on March 25, 2010. Brian Hogan, 22, of Redwood City was charged with one count of misappropriation of lost property, and Sage Wallower, 28, of Emeryville, was charged with misappropriation of lost property, and possession of stolen property. Their arraignment is scheduled for Thursday, August 25, 2011 at 9:00 in Redwood City. After a consideration of all of the evidence, it was determined that no charges would be filed against employees of Gizmodo.

Hogan was the person who came into possession of the prototype iPhone in a Redwood City bar, with Hogan claiming that he had been handed the phone by another patron after Apple engineer Gray Powell left the phone on a bar stool as he left the establishment. Wallower has been said to have served as an intermediary who worked to shop the device to various tech sites before ultimately selling the iPhone to Gizmodo.

Last April, police officers entered Chen's apartment and seized a number of computers and other property thought to potentially be involved in the case. Controversy surrounded the seizure as Gizmodo and others claimed that the website and its employees should be protected under California laws shielding journalists from such actions as connected to their work. The search warrant was later withdrawn as Gizmodo agreed to cooperate with authorities and provide all relevant information pertaining to the investigation.

Popular Stories

iOS 26

When Will Apple Release iOS 26.2?

Monday December 1, 2025 4:37 pm PST by
We're getting closer to the launch of the final major iOS update of the year, with Apple set to release iOS 26.2 in December. We've had three betas so far and are expecting a fourth beta or a release candidate this week, so a launch could follow as soon as next week. Past Launch Dates Apple's past iOS x.2 updates from the last few years have all happened right around the middle of the...
Sad Siri Feature

Apple AI Chief John Giannandrea Retiring After Siri Delays

Monday December 1, 2025 2:16 pm PST by
Apple AI chief John Giannandrea is stepping down from his position and retiring in spring 2026, Apple announced today. Giannandrea will serve as an advisor between now and 2026, with former Microsoft AI researcher Amar Subramanya set to take over as vice president of AI. Subramanya will report to Apple engineering chief Craig Federighi, and will lead Apple Foundation Models, ML research, and ...
Netflix Smaller 4

Netflix Kills Casting From Its Mobile App to Most Modern TVs

Monday December 1, 2025 4:36 am PST by
Netflix has quietly removed the ability to cast content from its mobile apps to most modern TVs and streaming devices, including newer Chromecast models and the Google TV Streamer. The change was first spotted by users on Reddit and confirmed in an updated Netflix support page (via Android Authority), which now states that the streaming service no longer supports casting from mobile devices...
maxresdefault

iPhone Fold: Launch, Pricing, and What to Expect From Apple's Foldable

Monday December 1, 2025 3:00 am PST by
Apple is expected to launch a new foldable iPhone next year, based on multiple rumors and credible sources. The long-awaited device has been rumored for years now, but signs increasingly suggest that 2026 could indeed be the year that Apple releases its first foldable device. Subscribe to the MacRumors YouTube channel for more videos. Below, we've collated an updated set of key details that ...
Cyber Week Deals 2025

Best Cyber Week Apple Deals Include Big Discounts on AirPods, Apple Watch, and More

Sunday November 30, 2025 7:33 am PST by
Cyber Week is here, and you can find popular Apple products like AirPods, iPad, Apple Watch, and more at all-time low prices. In this article, the majority of the discounts will be found on Amazon. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment, which helps us keep the site running. Specifically,...
Touchscreen MacBook Feature

Here Are the Four MacBooks Apple Is Expected to Launch Next Year

Monday December 1, 2025 5:00 am PST by
2026 could be a bumper year for Apple's Mac lineup, with the company expected to announce as many as four separate MacBook launches. Rumors suggest Apple will court both ends of the consumer spectrum, with more affordable options for students and feature-rich premium lines for users that seek the highest specifications from a laptop. Below is a breakdown of what we're expecting over the next ...
studio display purple february

M5 iPad Pro Could Hint at New Studio Display Feature

Sunday November 30, 2025 10:30 am PST by
The updated specs of the M5 iPad Pro may point toward a major new feature for Apple's next-generation Studio Display expected in early 2026. Apple's latest iPad Pro debuted last month and contains one display-related change that stands out: it can now drive external monitors at up to 120Hz with Adaptive Sync. The feature should deliver lower latency, smoother motion, and fewer visual...
iPhone Pocket Short

iPhone Pocket is Now Completely Sold Out Worldwide

Tuesday November 25, 2025 7:16 am PST by
Apple recently teamed up with Japanese fashion brand ISSEY MIYAKE to create the iPhone Pocket, a limited-edition knitted accessory designed to carry an iPhone. However, it is now completely sold out in all countries where it was released. iPhone Pocket became available to order on Apple's online store starting Friday, November 14, in the United States, France, China, Italy, Japan, Singapore, ...
ios 18 to ios 26 upgrade

Apple Pushes iPhone Users Still on iOS 18 to Upgrade to iOS 26

Tuesday December 2, 2025 11:09 am PST by
Apple is encouraging iPhone users who are still running iOS 18 to upgrade to iOS 26 by making the iOS 26 software upgrade option more prominent. Since iOS 26 launched in September, it has been displayed as an optional upgrade at the bottom of the Software Update interface in the Settings app. iOS 18 has been the default operating system option, and users running iOS 18 have seen iOS 18...
iphone 17 cyber

iPhone 17 Demand Is Breaking Apple's Sales Records

Tuesday December 2, 2025 9:44 am PST by
Apple's iPhone 17 lineup is selling well enough that Apple is on track to ship more than 247.4 million total iPhones in 2025, according to a new report from IDC. Total 2025 shipments are forecast to grow 6.1 percent year over year due to iPhone 17 demand and increased sales in China, a major market for Apple. Overall worldwide smartphone shipments across Android and iOS are forecast to...

Top Rated Comments

9822737 Avatar
187 months ago
So it's now OK to buy a stolen Phone? So if I hop on eBay, and buy one of many listed iPhones recently stolen down the road in the London riots thats now OK?

Giz have got away with this big time. It's never OK to buy stolen property.
Score: 26 Votes (Like | Disagree)
gnasher729 Avatar
187 months ago
Will all the people who said that Jason Chen and Gizmodo were "clearly guilty of theft under California law" please come forward and apologize for name calling and insulting the few of us who said "innocent until proven guilty" now ?
Who said they were guilty of theft? Guilty of handling stolen goods. And lucky that they don't get prosecuted.

Just looked at the Gizmodo site to check for "journalistic integrity". The prosecutor said "After a consideration of all of the evidence, it was determined that no charges would be filed against employees of Gizmodo". Gizmodo changed this to "no crime was committed by Gizmodo employees", which is of course absolutely not the same.


"Lost in a bar" does not equate "Stolen" it seems. ;)
Absolutely correct. "Lost in a bar" does not equate "stolen". We always knew that. "Found in a bar" doesn't equate "stolen" either. "Found in a bar, taken away, and not returned to the owner" equates stolen. Which is why Brian Hogan and Sage Wallower are being charged.
Score: 19 Votes (Like | Disagree)
imahawki Avatar
187 months ago
Cynical translation: Gizmodo lawyered up enough to protect themselves and their staff, everyone else gets charged.
Score: 14 Votes (Like | Disagree)
Michaelgtrusa Avatar
187 months ago
They are very lucky!!! I'm shocked.
Score: 14 Votes (Like | Disagree)
Anician Avatar
187 months ago
Haha he looks so ****in stupid holding up that iPhone. At least smile or something.
Score: 13 Votes (Like | Disagree)
Bigdaddyguido Avatar
187 months ago
Another sad day for justice, and for journalistic integrity.
Score: 13 Votes (Like | Disagree)