DA withdraws warrant used in Gizmodo prototype search
updated 04:20 pm EDT, Fri July 16, 2010
Gawker to voluntarily provide pertinent info
The San Mateo County DA's office has filed an application to formally withdraw the search warrant used in the raid of Gizmodo editor Jason Chen's residence as part of the investigation surrounding the lost iPhone 4 prototype.
The application was reportedly granted by Superior Court Judge Clifford Cretan, who ordered all of the materials taken from Chen to be returned to him.
The Electronic Frontier Foundation quickly criticized the raid, claiming that the California Penal Code prohibits warrants from being issued for materials involved in communication to the public. The laws allow enforcement agencies to obtain the materials through a subpoena, which can be challenged in court.
Gawker COO Gaby Darbyshire told the Wall Street Journal that Gizmodo has agreed to voluntarily provide any pertinent materials deemed relevant by a court appointee. San Mateo County deputy DA echoed Darbyshire's comments, claiming that Chen and the publisher have agreed to cooperate in the investigation.
The DA's office admitted that the investigation is ongoing, however no further details were provided.
