Could confirm or deny legitimacy of search

An affidavit involved in the search of a Gizmodo editor's home must be unsealed, a San Mateo County judge has ordered in a Friday court hearing. The ruling is a reversal of an earlier one, and stands in conflict with the view of the county district attorney, who today maintained a position that warrant details should be kept quiet. There is no precedent giving the court authority to unseal the warrant, claims DA Chris Feasel.

The judge, Clifford Cretan, explains that he believes there is no longer an "overriding interest" in keeping the affidavit secret. The petition to see the document has been advanced by a group of media organizations including CNET, the Associated Press and the First Amendment Coalition, which argue that it has been sealed for well past the 10-day limit imposed on most California warrants. It is expected to reveal if police considered journalistic shield laws before conducting the raid, which resulted in the confiscation of computers and other electronics.

The affidavit is reported to be 19 pages long, and must officially be made ready for the public by 2PM Pacific time. It could potentially expose the identity of police informants, said by the DA's office to be involved in the early stages of the investigation. Who the informants might be is unknown, as most of the people involved in the iPhone prototype case are already known to the public.

by MacNN Staff