Gawker Media said on Monday that computers belonging to one of its editors, Jason Chen, were seized from his home on Friday as part of what appeared to be an investigation into the sale of a next-generation iPhone.
One of Gawker's blogs, Gizmodo, published articles last week about the future phone after purchasing the device for $5,000 from a person who found it at a bar in California last month.
"Under both state and federal law, a search warrant may not be validly issued to confiscate the property of a journalist," she wrote in a letter to San Mateo County, California, authorities on Saturday. "Jason is a journalist who works full time for our company," she continued, adding that he works from home, his "de facto newsroom."
"It is abundantly clear under the law that a search warrant to remove these items was invalid. The appropriate method of obtaining such materials would be the issuance of a subpoena," Ms. Darbyshire continued.
The letter was shared on Monday afternoon by Nick Denton, the founder and president of Gawker Media. "Are bloggers journalists? I guess we'll find out," Mr. Denton said in an instant message.
It became apparent last weekend that the authorities in San Mateo County were considering whether to file criminal charges in connection with the sale of the phone, which was returned to Apple by Gizmodo last week.
According to people familiar with the investigation, who would not speak on the record because of the potential legal case, charges would most likely be filed against the person or people who sold the prototype iPhone, and possibly the buyer.
The documents published by Gizmodo indicate that the Web site was clearly girding for a legal fight. Ms. Darbyshire had sent an e-mail message on Friday to Mr. Chen before the police action, outlining the state law regarding warrants for information gathered by journalists.
"In the circumstances, we expect the immediate return of the materials that you confiscated from Mr. Chen," she wrote.
In his account of the events, published on Gizmodo, Mr. Chen said that when he arrived home around 9:45 p.m. on Friday, the authorities told him they had been there for a "few hours already," searching the home and cataloging computers and servers.
The warrant published by Gizmodo said the officers had probable cause that Mr. Chen's home "was used as the means of committing a felony."
A spokesperson for the San Mateo police said the department was "not allowed to comment."
One of Gawker's blogs, Gizmodo, published articles last week about the future phone after purchasing the device for $5,000 from a person who found it at a bar in California last month.
"Under both state and federal law, a search warrant may not be validly issued to confiscate the property of a journalist," she wrote in a letter to San Mateo County, California, authorities on Saturday. "Jason is a journalist who works full time for our company," she continued, adding that he works from home, his "de facto newsroom."
"It is abundantly clear under the law that a search warrant to remove these items was invalid. The appropriate method of obtaining such materials would be the issuance of a subpoena," Ms. Darbyshire continued.
The letter was shared on Monday afternoon by Nick Denton, the founder and president of Gawker Media. "Are bloggers journalists? I guess we'll find out," Mr. Denton said in an instant message.
It became apparent last weekend that the authorities in San Mateo County were considering whether to file criminal charges in connection with the sale of the phone, which was returned to Apple by Gizmodo last week.
According to people familiar with the investigation, who would not speak on the record because of the potential legal case, charges would most likely be filed against the person or people who sold the prototype iPhone, and possibly the buyer.
The documents published by Gizmodo indicate that the Web site was clearly girding for a legal fight. Ms. Darbyshire had sent an e-mail message on Friday to Mr. Chen before the police action, outlining the state law regarding warrants for information gathered by journalists.
"In the circumstances, we expect the immediate return of the materials that you confiscated from Mr. Chen," she wrote.
In his account of the events, published on Gizmodo, Mr. Chen said that when he arrived home around 9:45 p.m. on Friday, the authorities told him they had been there for a "few hours already," searching the home and cataloging computers and servers.
The warrant published by Gizmodo said the officers had probable cause that Mr. Chen's home "was used as the means of committing a felony."
A spokesperson for the San Mateo police said the department was "not allowed to comment."
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