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 The search warrant was later withdrawn as Gizmodo agreed to cooperate with authorities and provide all relevant information pertaining to the investigation.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

iPhone 17 Pro to Reverse iPhone X Design Decision

Monday July 7, 2025 9:46 am PDT by
Since the iPhone X in 2017, all of Apple's highest-end iPhone models have featured either stainless steel or titanium frames, but it has now been rumored that this design decision will be coming to an end with the iPhone 17 Pro models later this year. In a post on Chinese social media platform Weibo today, the account Instant Digital said that the iPhone 17 Pro models will have an aluminum...
iOS 26 Feature

Everything New in iOS 26 Beta 3

Monday July 7, 2025 1:20 pm PDT by
Apple is continuing to refine and update iOS 26, and beta three features smaller changes than we saw in beta 2, plus further tweaks to the Liquid Glass design. Apple is gearing up for the next phase of beta testing, and the company has promised that a public beta is set to come out in July. Transparency In some apps like Apple Music, Podcasts, and the App Store, Apple has toned down the...
imac video apple feature

Apple Launching These 15+ Products Later This Year

Sunday July 6, 2025 8:05 am PDT by
The calendar has turned to July, meaning that 2025 is now more than half over. And while the summer months are often quiet for Apple, the company still has more than a dozen products coming later this year, according to rumors. Below, we have outlined at least 15 new Apple products that are expected to launch later this year, along with key rumored features for each. iPhone 17 Series iPho...
iphone 16 pro models 1

Here's How the iPhone 17 Pro Max Will Compare to the iPhone 17 Pro

Saturday July 5, 2025 1:00 pm PDT by
Apple should unveil the iPhone 17 series in September, and there might be one bigger difference between the Pro and Pro Max models this year. As always, the Pro Max model will be larger than the Pro model:iPhone 17 Pro: 6.3-inch display iPhone 17 Pro Max: 6.9-inch displayGiven the Pro Max is physically larger than the Pro, it has more internal space, allowing for a larger battery and...
iPhone Car Key Kia

Here's Which Vehicles Offer iPhone Car Keys

Sunday July 6, 2025 3:03 pm PDT by
In 2020, Apple added a digital car key feature to its Wallet app, allowing users to lock, unlock, and start a compatible vehicle with an iPhone or Apple Watch. The feature is currently offered by select automakers, including Audi, BMW, Hyundai, Kia, Genesis, Mercedes-Benz, Volvo, and a handful of others, and it is set to expand further. Apple has a web page with a list of vehicle models that ...
apple wallet drivers license feature iPhone 15 pro

Apple Says iPhone Driver's Licenses Will Expand to These 8 U.S. States

Tuesday July 8, 2025 11:26 am PDT by
In select U.S. states, residents can add their driver's license or state ID to the Wallet app on the iPhone and Apple Watch, providing a convenient and contactless way to display proof of identity or age at select airports and businesses, and in select apps. Unfortunately, this feature continues to roll out very slowly since it was announced in 2021, with only nine U.S. states, Puerto Rico,...
iphone 17 pro render majin bu

New iPhone 17 Pro Renders Highlight Apple Logo and MagSafe Design Changes

Sunday July 6, 2025 8:43 pm PDT by
New renders today provide the best look yet relocated Apple logo and redesigned MagSafe magnet array of the iPhone 17 Pro and iPhone 17 Pro Max. Image via Majin Bu. Several of the design changes coming to the iPhone 17 Pro model have been rumored for some time, such as the elongated camera bump that spans the full width of the device, with the LiDAR Scanner and flash moving to the right side. ...
apple account card feature

Apple Account Card Expanding to More Countries

Tuesday July 8, 2025 7:34 pm PDT by
Apple is expanding the ability to add an Apple Account Card to the Wallet app to more countries, according to backend Apple Pay changes. With iOS 15.5, Apple updated the Wallet app to allow users to add an Apple Account Card, which displays the Apple credit balance associated with an Apple ID. If you receive an Apple gift card, for example, it is added to an Apple Account that is also...
iPhone 17 Pro in Hand Feature Lowgo

iPhone 17 Pro Coming Soon With These 14 New Features

Friday July 4, 2025 1:05 pm PDT by
Apple's next-generation iPhone 17 Pro and iPhone 17 Pro Max are just over two months away, and there are plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models. Latest Rumors These rumors surfaced in June and July:Apple logo repositioned: Apple's logo may have a lower position on the back of the iPhone 17 Pro models, compared to previous...

Top Rated Comments

9822737 Avatar
182 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
182 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
182 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
182 months ago
They are very lucky!!! I'm shocked.
Score: 14 Votes (Like | Disagree)
Anician Avatar
182 months ago
Haha he looks so ****in stupid holding up that iPhone. At least smile or something.
Score: 13 Votes (Like | Disagree)
Bigdaddyguido Avatar
182 months ago
Another sad day for justice, and for journalistic integrity.
Score: 13 Votes (Like | Disagree)