{"id":4110,"date":"2010-04-27T17:08:42","date_gmt":"2010-04-27T17:05:09","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-27T17:05:09","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4110","title":{"rendered":"Fourth Amendment news–iPhone4 search"},"content":{"rendered":"

In the case of the allegedly stolen iPhone4 from the bar in San Jose to the website Gizmodo<\/a>, Apple demanded return of the phone and it supposedly was. Then there was a search warrant executed on the place of the person who had it.<\/p>\n

On the blog Photography is Not a Crime is iPhone raid once again shows a judge leaning against Fourth Amendment<\/a>:<\/p>\n

So some drunk fool working for Apple leaves behind an unreleased model of a future generation iPhone at a bar, only for it to wind up in the hands of a technology journalist who described it in detail in a Gizmodo article.<\/p>\n

Next thing you know, a judge in California is signing a search warrant allowing cops to raid the writer\u2019s home, seizing four computers and two servers.<\/p>\n

Now Gawker, the company that owns Gizmodo, is accusing authorities of violating state laws that supposedly protect journalists from such raids.<\/p>\n

Section 1070<\/a> of the California Evidence Code protects journalists from forcing journalists to reveal their sources.<\/p>\n

And California Penal Code 1524<\/a> allows search warrants to be granted when stolen property is involved.<\/p><\/blockquote>\n

This will be interesting. Remember, possessing evidence of a crime, sources or not, target defendant or not, makes the person subject to execution of a search warrant under Zurcher v. Stanford Daily<\/a>. <\/p>\n

To avoid the \u00a7 1070 problem, a master may have to be appointed to review the material to protect the source. Perhaps the police and DA in San Jose are investigating industrial espionage. The question is only probable cause, and we know that that isn’t much of a standard. San Jose is the technology capital of the world. If they didn’t investigate that possibility, which was suggested in the press last week, what good are they to the town industry?<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4110","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4110","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4110"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4110\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4110"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4110"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4110"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}