VERY interesting information if you follow the link to the supporting documents. It would appear that the search warrant is invalid because Chen is employed by Gawker as a JOURNALIST. California’s own laws may have been violated in carrying out this warrant and seizing property.
Even journalists commit crimes and that's what happened here. Journalists don't get a "get-out-of-jail-free card" -- just because they are journalists. I would like to see him apply that one when he's running a red light and speeds away from a pursuing cop ... LOL ...
The crime didn't have anything to do with his "journalism" -- it had to do with his criminal activity in buying a device that was lost and he appropriated the lost device for himself, and paid $5,000 for it.
Whatever he does in writing for the website and/or magazine -- is just fine. When he commits a crime, however, that's another matter... :-)
First, read the California statute. This is not “my” argument it’s the argument of Chen’s employer and THEIR lawyers.
Your comparison of gathering information and reporting it with running a red light is frankly, just plain absurd.
One thing I thought of in relation to this supposed crime... Who exactly paid for the phone? Was it Chen the citizen, or was it Chen the agent for the Gawker company? And, how do we know the information sought is in regards to actually charging CHEN with a crime.
As the police officers who served the warrant stated HE was not being arrested, or detained at ALL. It sounds to me like they wanted his computers to try to figure out who sold the phone. It is possible that APPLE doesn’t want Chen charged, but are instead trying to build a case against the employee who supposedly “lost” the phone in the first place...
There are too many unanswered questions in this case. Everything we are discussing here is speculation. For us to try to figure out who is right or wrong in this case without having ALL the information is a little ridiculous, IMHO.