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blogslut Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-26-10 04:48 PM
Original message
Police seize computers of Gizmodo Editor - the site that had the iPhone
Edited on Mon Apr-26-10 04:53 PM by blogslut
http://gizmodo.com/5524843/police-seize-jason-chens-computers

Last Friday night, California's Rapid Enforcement Allied Computer Team entered editor Jason Chen's home without him present, seizing four computers and two servers. They did so using a warrant by Judge of Superior Court of San Mateo. According to Gaby Darbyshire, COO of Gawker Media LLC, the search warrant to remove these computers was invalid under section 1524(g) of the California Penal Code...


Docs and comments at the link
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Dappleganger Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-26-10 04:49 PM
Response to Original message
1. What is that, the iGadget SWAT Team?? nt
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MUAD_DIB Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-26-10 04:51 PM
Response to Reply #1
2. Possibly more like some rule of law thing.
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Dogmudgeon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-26-10 05:03 PM
Response to Original message
3. Ah, using the police to enforce an Executive's whim!
Think Different.

Or Else.

Well, it won't have been the first time Apple has used legal barratry to enforce corporate will.

--d!
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MUAD_DIB Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-26-10 05:16 PM
Response to Reply #3
5. I'm not sure about California law, but isn't there a clause in there about
Edited on Mon Apr-26-10 05:16 PM by MUAD_DIB
knowingly dealing in lost personal/company belongings that do not belong to you?

For the sake of argument, let's say that you leave your car at the side of the road; while mistakenly leaving your keys in it with the doors open.

Now if I come upon your car, with the keys inside, is it my right to drive off with it then take it apart and let others put up the info of that action on the intertnets?

I believe that not only would It be morally wrong but also it would also be committing an illegal act.


Does freedom of the press include theft?

No?
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panzerfaust Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-26-10 05:04 PM
Response to Original message
4. Possibly: The Apple Touchy-Feely thing in action?
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MUAD_DIB Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-26-10 05:17 PM
Response to Reply #4
6. Would you want your property returned to you?

Yes or no?
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panzerfaust Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-26-10 05:53 PM
Response to Reply #6
8. They already have it back.
Would you want someone to kick your door down and seize your computer?

Even as someone as lovable as Mr Apple?

Yes or No...
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MUAD_DIB Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-26-10 06:14 PM
Response to Reply #8
9. I would hope that I was in not in violation of the law.
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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-26-10 05:22 PM
Response to Original message
7. Some poor family has something stolen and lucky if police do anything
It takes money to get justice, or to get out of it.
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MUAD_DIB Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-26-10 06:15 PM
Response to Reply #7
10. The difference is if the stolen object winds up on somebody's website.
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MrCoffee Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-26-10 06:17 PM
Response to Original message
11. The Rapid Enforcement Allied Computer Team is a real thing?
Say what now?
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Silent3 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-26-10 06:25 PM
Response to Original message
12. Seizure of computers, the way it's typically done, is bullshit.
It's punishment without the fuss and bother of proving a person guilty.

If this was really about evidence, the police could simply come in, copy everything from all of your hard drives, and leave. If that's too hard or too time consuming to do in a person's home, they could take the stuff, copy the data back at police headquarters, and return the equipment after a few days.

There's absolutely no reason to hold on to the physical hardware apart from punishment without trial, and/or future financial gain from selling the seized equipment at auction.
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