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 The search warrant was later withdrawn as Gizmodo agreed to cooperate with authorities and provide all relevant information pertaining to the investigation.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

iphone 17 dummies sonny dickson

iPhone 17 Air Almost as Thin as Its Buttons, New Images Show

Thursday April 24, 2025 2:14 am PDT by
If you missed the video showing dummy models of Apple's all-new super thin iPhone 17 Air that's expected later this year, Sonny Dickson this morning shared some further images of the device in close alignment with the other dummy models in the iPhone 17 lineup, indicating just how thin it is likely to be in comparison. The iPhone 17 Air is expected to be around 5.5mm thick – with a thicker ...
iphone 17 air dummy unbox therapy

iPhone 17 Air's Extreme Thinness Demoed in New Video

Tuesday April 22, 2025 10:22 am PDT by
Apple plans to release an all-new super thin iPhone this year, debuting it alongside the iPhone 17, iPhone 17 Pro, and iPhone 17 Pro Max. We've seen pictures of dummy models, cases, and renders with the design, but Lewis Hilsenteger of Unbox Therapy today showed off newer dummy models that give us a better idea of just how thin the "iPhone 17 Air" will be. The iPhone 17 Air is expected to be ...
AirPods Pro 3 Mock Feature

AirPods Pro 3 Just Months Away – Here's What We Know

Friday April 18, 2025 5:16 am PDT by
Despite being more than two years old, Apple's AirPods Pro 2 still dominate the premium wireless‑earbud space, thanks to a potent mix of top‑tier audio, class‑leading noise cancellation, and Apple's habit of delivering major new features through software updates. With AirPods Pro 3 widely expected to arrive in 2025, prospective buyers now face a familiar dilemma: snap up the proven...
iPhone 17 Pro Blue Feature Tighter Crop

iPhone 17 Pro Launching Later This Year With These 13 New Features

Wednesday April 23, 2025 8:31 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models as of April 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone ...
ipad air windows 11 arm

M2 iPad Air Runs Windows 11 ARM via Emulation, Thanks to EU Rules

Tuesday April 22, 2025 5:01 am PDT by
A developer has demonstrated Windows 11 ARM running on an M2 iPad Air using emulation, which has become much easier since the EU's Digital Markets Act (DMA) regulations came into effect. As spotted by Windows Latest, NTDev shared an instance of the emulation on social media and posted a video on YouTube (embedded below) demonstrating it in action. The achievement relies on new EU regulatory...
iPhone 17 Air Pastel Feature

iPhone 17 Air Launching Later This Year With These 16 New Features

Thursday April 24, 2025 8:24 am PDT by
While the so-called "iPhone 17 Air" is not expected to launch until September, there are already plenty of rumors about the ultra-thin device. Overall, the iPhone 17 Air sounds like a mixed bag. While the device is expected to have an impressively thin and light design, rumors indicate it will have some compromises compared to iPhone 17 Pro models, including only a single rear camera, a...
Global Close Your Rings Day Pin

Apple Stores Giving Away a Limited-Edition Pin For Free Today

Thursday April 24, 2025 10:15 am PDT by
Starting today, April 24, Apple Stores around the world are giving away a special pin for free to customers who request one, while supplies last. Photo Credit: Filip Chudzinski The enamel pin's design is inspired by the Global Close Your Rings Day award in the Activity app, which Apple Watch users can receive by closing all three Activity rings today. The limited-edition pin is the physical...
iphone 16 pro models 1

17 Reasons to Wait for the iPhone 17

Thursday April 17, 2025 4:12 am PDT by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models simultaneously, which is why we often get rumored features months ahead of launch. The iPhone 17 series is no different, and we already have a good idea of what to expect from Apple's 2025 smartphone lineup. If you skipped the iPhone...

Top Rated Comments

9822737 Avatar
179 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
179 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
179 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
179 months ago
They are very lucky!!! I'm shocked.
Score: 14 Votes (Like | Disagree)
Anician Avatar
179 months ago
Haha he looks so ****in stupid holding up that iPhone. At least smile or something.
Score: 13 Votes (Like | Disagree)
Bigdaddyguido Avatar
179 months ago
Another sad day for justice, and for journalistic integrity.
Score: 13 Votes (Like | Disagree)