Details of Lost Next-Generation iPhone Saga Revealed in Search Warrant Affidavit

[koach]

Well I admit I have supported gizmodo up until now. After reading this, what gizmodo and hogan did was stupid. If gizmodo was smart, they wouldn't have bought the phone, they would have told hogan that they would buy any pictures he took of the phone if he chose to tear it apart. I am sure taking pictures of a missing prototype in someone else's possession is far less of a crime than this. Then they could have ran the story with the pictures as "is this a really good iPhone knockoff or the real thing?" type of story.

Buying the thing, then breaking it in the process, then trying to extort Steve Jobs in the progress was really dumb. I don't know what they were thinking. They either have some really bad lawyers or didn't talk to them at all.

I suspect in the end Apple will not file any criminal charges. They want to make these guys sweat a bit, and they want to show the world they can get the police to act on their every whim, but ultimately they do not want the bad press associated with sending people to jail. Gizmodo will never be invited to any future Apple events or acting like that, and I can see apple going out of their way to try and snub gizmodo from now on out. Jobs has a history of holding grudges and making people suffer for stuff like this.

 

[itsmenyc]

Chen and Hogan will NOT be charged!

This is Apple's evil plan of ripping the free benefits of the press and free advertising. Apple is playing along like they're dumbfounded until the last minute and decides to drop all charges. I have no doubt this is exactly Apple's plan.

Charging these two good Samaritans will only mislead other companies to file charges against anyone that found their products. This also lead people to behave like Apple (a secret org) when they found something. Normally, we want to encourage good behavior by returning something we found. But if we found something and get a lawsuit, we aren't going to return anything. Don't you guys see that this case is (or was) an honest lost and found case and played out by Apple. Apple being the director.

I understand that you're suppose not to sell trade secrets or buy, but if you found it. You didn't commit a crime. If an employee at Apple told Chen that he downloaded the codes for iPhone OS and want to sell it for $5million, then there's a problem.

But if you found the codes in a bar, its your to keep or return as long as you don't produce or infringe on their copyrighted material.

Let's see Apple go after the Vietnamese since their leaked iphone looks more like a ready-to-sell.

Case and point. This one guy found Dr.Pepper's secret formula. Dr.Pepper didn't file charge against him. Google Dr.Pepper's secret formula and you'll know.

Can anyone actually be this stupid? I mean seriously?

If you find something and don't return it, you've stolen it.

it is against the law to buy stolen property.

What are you not getting?

 

[Roller]

neither. It was self preservation. Based on the affidavit, the roommate was worried she would get implicated since Hogan used her computer to send out the emails and maybe store photos. She was worried that Apple would trace it back to her.

arn

That's right. She was scared, and rightly so. Unlike her housemates, she probably considered the long term consequences of being implicated, such as being shut out of certain careers or jobs in the future. I always tell my kids to think before they do something that might seem like fun at the moment, but could have undesired repercussions down the line.

 

[Mark Booth]

I suspect in the end Apple will not file any criminal charges. They want to make these guys sweat a bit, and they want to show the world they can get the police to act on their every whim, but ultimately they do not want the bad press associated with sending people to jail. Gizmodo will never be invited to any future Apple events or acting like that, and I can see apple going out of their way to try and snub gizmodo from now on out. Jobs has a history of holding grudges and making people suffer for stuff like this.

Apple's only action so far has been to file a stolen iPhone report and encourage the police to investigate. Apple will not be making the decision whether criminal charges are filed, the district attorney will make that decision. As Steve Jobs clearly stated in an E-mail reply, it's in the DA's hands now.

And, trust me, criminal charges WILL be filed. This was a serious crime. And the fact that the DA was working so hard to prevent the unsealing of the affidavit only proves that their investigation is ongoing. He is building his case and will only file charges after he has all of his ducks in a row.

Do not be surprised if a federal prosecutor becomes involved. The affidavit spells out three felonies that are alleged to have been committed. If the investigation reveals a conspiracy to hide or destroy evidence on Gawker's side, then more felony charges will be brought.

The story is far from over and it is far from being anything minor. The entire cast of morally bankrupt characters face some very difficult times ahead.

Mark

 

[ct2k7]

Apple's only action so far has been to file a stolen iPhone report and encourage the police to investigate. Apple will not be making the decision whether criminal charges are filed, the district attorney will make that decision. As Steve Jobs clearly stated in an E-mail reply, it's in the DA's hands now.

And, trust me, criminal charges WILL be filed. This was a serious crime. And the fact that the DA was working so hard to prevent the unsealing of the affidavit only proves that their investigation is ongoing. He is building his case and will only file charges after he has all of his ducks in a row.

Do not be surprised if a federal prosecutor becomes involved. The affidavit spells out three felonies that are alleged to have been committed. If the investigation reveals a conspiracy to hide or destroy evidence on Gawker's side, then more felony charges will be brought.

The story is far from over and it is far from being anything minor. The entire cast of morally bankrupt characters face some very difficult times ahead.

Mark

And evidence was disseminated to remove their footprints.

 

[JCT]

The entire cast of morally bankrupt characters face some very difficult times ahead.

Mark

+1

And entirely of their own making. Ample and repeated opportunities to do the right thing -- never followed.

 

[koach]

Apple's only action so far has been to file a stolen iPhone report and encourage the police to investigate. Apple will not be making the decision whether criminal charges are filed, the district attorney will make that decision. As Steve Jobs clearly stated in an E-mail reply, it's in the DA's hands now.

And, trust me, criminal charges WILL be filed. This was a serious crime. And the fact that the DA was working so hard to prevent the unsealing of the affidavit only proves that their investigation is ongoing. He is building his case and will only file charges after he has all of his ducks in a row.

Do not be surprised if a federal prosecutor becomes involved. The affidavit spells out three felonies that are alleged to have been committed. If the investigation reveals a conspiracy to hide or destroy evidence on Gawker's side, then more felony charges will be brought.

The story is far from over and it is far from being anything minor. The entire cast of morally bankrupt characters face some very difficult times ahead.

Mark

Despite what Steve says, Apple has a big role in deciding if charges are filed. Certain crimes like murder are always prosecuted because the victim is no longer around to file charges, since they're dead. However in cases like this the victim, in is case Apple, has a BIG say in if charges are pressed.

I suggest you read up a bit on how these things work. My family is filled with lawyers (prosecution and defense) and they said that Apple claiming it is all in the DA's hands is complete BS.

EDIT: just to clarify, the DA doesn't need Apple's permission to prosecute, but when the victim does not want to press charges the case is almost always dropped. The DA could decide to make an example out of Gizmodo since this is such a circus, but ultimately when the victim doesn't press charges in a crime like this, no charges are filed.

 

[SFC Archer]

Part of his job was presumably to test the new iPhone in real life / real world.

arn

Hmmm, I am really curious as to what type of evaluation and quality of testing a drunk can provide???

Sorry, dont buy the taking a invaluable prototype to a birthday celebration involving alcohol and the sad story I see many posting about field testing.

I would never trust or use a drunks review of a product in that type of environment...Give me a break

 

[WNewbieW]

I really don't think that this will hurt the "unavailing" process at all. In fact, all of this publicity is probably a whole lot of free advertising for this upcoming machine. People who never considered an iphone are talking about it! In fact, one of my professors who swears by Microsoft, used half of their lecture one class to discuss this whole deal..
Of course no bad deed should go unpunished... this is just another angle.

Can't wait on it.. hope there are white ones too, since all of the ones leaked out are black, not that the color will make that big of a difference, but just saying...

 

[mccldwll]

Apple's only action so far has been to file a stolen iPhone report and encourage the police to investigate. Apple will not be making the decision whether criminal charges are filed, the district attorney will make that decision. As Steve Jobs clearly stated in an E-mail reply, it's in the DA's hands now.

And, trust me, criminal charges WILL be filed. This was a serious crime. And the fact that the DA was working so hard to prevent the unsealing of the affidavit only proves that their investigation is ongoing. He is building his case and will only file charges after he has all of his ducks in a row.

Do not be surprised if a federal prosecutor becomes involved. The affidavit spells out three felonies that are alleged to have been committed. If the investigation reveals a conspiracy to hide or destroy evidence on Gawker's side, then more felony charges will be brought.

The story is far from over and it is far from being anything minor. The entire cast of morally bankrupt characters face some very difficult times ahead.

Mark

Damn right criminal charges will be filed. It's a slam dunk case against all presently known parties, and entire Gawker crew/ownership probably also in for some rough sledding. Entirely possible that most will be allowed to plead to lesser offense, but won't be merely a slap on the wrist by any means. Too much at stake. If justice system doesn't come down hard on these brain-dead crooks it only encourages other reprobates (possibly with more sinister intentions) to do the same. Bad for the law, and bad for the lifeblood of Silicon Valley. This is serious stuff, and maybe the children here who still believe that little "finders keepers, losers weepers" rhyme they remember from grade school will learn something. But I doubt it.

 

[mccldwll]

Hmmm, I am really curious as to what type of evaluation and quality of testing a drunk can provide???

Sorry, dont buy the taking a invaluable prototype to a birthday celebration involving alcohol and the sad story I see many posting about field testing.

I would never trust or use a drunks review of a product in that type of environment...Give me a break

Too many teenagers here assuming drinking alcohol at a restaurant always equates with getting drunk. It doesn't. More mature people know better. Powell was 27 years old, a software engineer. He left work at 8:30, went home, then drove to pick up his uncle and went to the restaurant. Not exactly a "party atmosphere". And a Thursday night. And Powell was driving. And I'm sure that the police, as well as aapl, take DWI seriously. Anyone here who consumes alcohol, and still equates drinking with getting drunk, really should get some help before the problem gets worse.

 

[iigsie]

When ever i go places like to a pool, or dances at the YMCA, my 3GS stays at home, and that cheap ass Nokia comes with me. Why can't the immature drinker do just that? Sorry, but you failed.

You can get insurance with full cover for about the same price as a cheap ass nokia. My iPhone goes everywhere with me. The pool, the gym, the rubbish dump.

It's still not clear exactly how drunk Grey Powell was, or even if the prototype did just slip out of his bag. Still quite possible it was a calculated theft. And if you had taken it out of his bag, sure as hell you would say some drunk passed it to me.

 

[jb1280]

Hmmm, I am really curious as to what type of evaluation and quality of testing a drunk can provide???

Sorry, dont buy the taking a invaluable prototype to a birthday celebration involving alcohol and the sad story I see many posting about field testing.

I would never trust or use a drunks review of a product in that type of environment...Give me a break

Part of the broken record: nowhere does it state that Powell was inebriated. In the affidavit, they correctly refer to the establishment as a restaurant and not a bar. It also states that he was there for 2 hours - this was not a nightlong bender at a bar in the strictest sense of the term.

 

[SFC Archer]

Too many teenagers here assuming drinking alcohol at a restaurant always equates with getting drunk. It doesn't. More mature people know better. Powell was 27 years old, a software engineer. He left work at 8:30, went home, then drove to pick up his uncle and went to the restaurant. Not exactly a "party atmosphere". And a Thursday night. And Powell was driving. And I'm sure that the police, as well as aapl, take DWI seriously. Anyone here who consumes alcohol, and still equates drinking with getting drunk, really should get some help before the problem gets worse.

Part of the broken record: nowhere does it state that Powell was inebriated. In the affidavit, they correctly refer to the establishment as a restaurant and not a bar. It also states that he was there for 2 hours - this was not a nightlong bender at a bar in the strictest sense of the term.

First of all @mccldwll...I am not a teenager...I have served my country for 25 years so quit assuming what you know nothing about! Second, you were not there and do not know WHAT his inebriation status was. If you read all 22 pages of the case then you would know that it occured over a 3 friggin week period. You think the engineer is going to admit he was driving drunk 3 weeks previous...GIVE ME A BREAK!

Lastly...If such a trusted and responsible Engineer is field testing a product then how does he do it from the product BEING IN A BAG ON THE FLOOR, UNSECURE, AT HIS FEET??? That it MIGHT have been knocked over was "casually" mentioned. That such a valuable prototype was left UNSECURE while he went to the bathroom???

Again, I am NOT supporting the actions or condoning any of the actions taken by the other individuals involved. What I am stating is that this Engineer is JUST as responsible and therefore LIABLE as anyone else. IT IS HIS fault and LACK of RESPONSIBLE JUDGMENT that started this whole mess in the first place. And this comes from his own words in the case. Being drunk or not, he still used poor judgment and did not properly secure or protect a very sensitive item.

 

[Master Chief]

Apple also documented damage to the prototype iPhone upon its return, noting that a ribbon cable had been broken, a screw had been inserted incorrectly causing an electrical short, snaps for the back plate had been broken, and several screws had been stripped.

This is a bizarre chin punch to Jason Chen; who said that the phone worked after it was re-assembled.

Now I wonder if someone else opened the iPhone, before Gizmodo got it; Might this explain why it didn't get past the startup screen?

 

[Speedy2]

I don't see how this could effect sales on a product that is not yet available to the general public. People choose to buy now or choose to wait for products all the time.

So it has not crossed your mind that the "wait for products" part MIGHT be influenced by pictures of a shiny unannounced product that is widely discussed in mainstream media? That some more people might think 'oh cool, new iPhone, I'm gonna wait for that' as soon as they see the pictures and read about the specs?

 

[Master Chief]

...

Again, I am NOT supporting the actions or condoning any of the actions taken by the other individuals involved. What I am stating is that this Engineer is JUST as responsible and therefore LIABLE as anyone else. IT IS HIS fault and LACK of RESPONSIBLE JUDGMENT that started this whole mess in the first place. And this comes from his own words in the case. Being drunk or not, he still used poor judgment and did not properly secure or protect a very sensitive item.

I agree! Both Apple and the engineer should have done a much better job in protecting this still highly secretive Apple prototype.

Note: A password protection should have been in place, but wasn't.

 

[Speedy2]

What new factor? That a newer, better iPhone will be released in June?

How is this any different than last year? or the year before that?

So since you ask about blatantly obvious facts I will lay them out for you.

The difference is that this time we know pretty much exactly what the new phone will look like and what features it will have, months before it was released. This time the new phone was shown and blabbed about in pretty much all mainstream media, whereas in earlier years only techblogs talked about it and all they did was leak blurry, usually fake photos and spread a lot of gossip. Most people don't know the iPhone release cycle.
And lastly: the 4G iPhone looks quite different to earlier models, in case you have missed that.

 

[jb1280]

Again, I am NOT supporting the actions or condoning any of the actions taken by the other individuals involved. What I am stating is that this Engineer is JUST as responsible and therefore LIABLE as anyone else. IT IS HIS fault and LACK of RESPONSIBLE JUDGMENT that started this whole mess in the first place. And this comes from his own words in the case. Being drunk or not, he still used poor judgment and did not properly secure or protect a very sensitive item.

We can't simply equate liability here.

It's reasonable to argue whether he was responsible enough with the prerelease phone.

It's not reasonable to equate that action with the actions of those who removed a phone that doesn't belong to them from an establishment (normal people would just leave it with a server or bartender.)

It's not reasonable to equate that action with the action of someone who was trying to sell something that doesn't belong to them to another party.

It's not reasonable to equate that action with the action of someone who is willing to purchase something that most likely doesn't belong to the party selling it.

 

[Gazoobee]

Despite what Steve says, Apple has a big role in deciding if charges are filed. Certain crimes like murder are always prosecuted because the victim is no longer around to file charges, since they're dead. However in cases like this the victim, in is case Apple, has a BIG say in if charges are pressed.

I suggest you read up a bit on how these things work. My family is filled with lawyers (prosecution and defense) and they said that Apple claiming it is all in the DA's hands is complete BS.

EDIT: just to clarify, the DA doesn't need Apple's permission to prosecute, but when the victim does not want to press charges the case is almost always dropped. The DA could decide to make an example out of Gizmodo since this is such a circus, but ultimately when the victim doesn't press charges in a crime like this, no charges are filed.

For someone with a family full of lawyers, you don't seem to know what you're talking about.

Your arguing that Apple has "big role" in laying charges and implying that they are directing events to a large degree, but then admit yourself at the end that the only sway they have is the decision to back out of laying charges if they so choose.

Well you are right (on that second point), in that this is the only control they have. Apple can indeed decide not to press charges, and 90% of the time the DA will follow suit, but that's it. The implication you seem to be pushing, (that Apple is "in control" or guiding the investigation in some way or has some sway over the police and the DA or what happens), is pure BS.

 

[Speedy2]

Why, because you have issues with it?

You are apparently the kind of person who needs to have the nasty experience yourself before you can grasp all the ramifications. I'd call that person a first-class moron.

Actually they probably would not be able to do **** about it, they don't have their own police force catering to their whim.

So what you're saying is that Apple has their own police force catering to them? You might wanna see a doctor. You are clearly delusional.

 

[fredoviola]

Hmmm, I am really curious as to what type of evaluation and quality of testing a drunk can provide???

Sorry, dont buy the taking a invaluable prototype to a birthday celebration involving alcohol and the sad story I see many posting about field testing.

I would never trust or use a drunks review of a product in that type of environment...Give me a break

Bars are social places where a great many people often go to unwind. Unwind doesn't necessarily mean get drunk. And not everyone in a bar is a drunk.

 

[mixel]

Woah.. The documents make the investigators seem really.. efficient. If I ever lose a priceless prototype I want THEM on the case. The bit where they finally found the stickers in the parking lot of a service station..

Good job guys.

After seeing all the details its increasingly comical how stupid Gizmodo have been. The sob letter to Apple was embarassing! "wah! Give us better access to your products at launch and we won't be *forced* to buy stolen ones!" .. Takes the cake.

 

[fredoviola]

We can't simply equate liability here.

It's reasonable to argue whether he was responsible enough with the prerelease phone.

It's not reasonable to equate that action with the actions of those who removed a phone that doesn't belong to them from an establishment (normal people would just leave it with a server or bartender.)

It's not reasonable to equate that action with the action of someone who was trying to sell something that doesn't belong to them to another party.

It's not reasonable to equate that action with the action of someone who is willing to purchase something that most likely doesn't belong to the party selling it.

If his bad got jostled and he didn't realize that the phone had fallen out I think that's much different than finding the phone and choosing to sell it to gizmodo rather than send it back to it's rightful owner. You just can't equate those two scenarios.

 

[Atkins]

First of all @mccldwll...I am not a teenager...I have served my country for 25 years so quit assuming what you know nothing about! Second, you were not there and do not know WHAT his inebriation status was. (...)
Lastly...If such a trusted and responsible Engineer is field testing a product then how does he do it from the product BEING IN A BAG ON THE FLOOR, UNSECURE, AT HIS FEET??? That it MIGHT have been knocked over was "casually" mentioned. That such a valuable prototype was left UNSECURE while he went to the bathroom???

(...) What I am stating is that this Engineer is JUST as responsible and therefore LIABLE as anyone else. IT IS HIS fault and LACK of RESPONSIBLE JUDGMENT that started this whole mess in the first place. And this comes from his own words in the case.(...)

Well, you weren't there either, so why making this assumption? A bar at restaurant, they stayed for two hours, and got out before 10PM. Doesn't sound like the place to be drunk. Why don't we assume that someone stole it, while we are at it? It's as based as your assumption.
Why leaving the bag on the floor is such a big problem? He left the bag under the supervision of his uncle - if he trusts his family member why not?
The engineer maybe responsible to some extent for his handling of the item, but saying that he started the whole mess is preposterous - we will defend the thieves by saying that he lost the device?