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Silicon Valley cops raid Gizmodo editor's home, take four computers

Mon Apr 26, 8:58 pm ET

Police broke into the home of Gizmodo editor Jason Chen and confiscated four

computers and two servers, the tech blog reports. Gizmodo broke the news last

week about Apple's next-generation iPhone, after paying a source who found it

in a California bar $5,000 for the device.

The officers were from the Rapid Enforcement Allied Computer Team (REACT), a

California law enforcement group based in Silicon Valley. In the search

warrant, which Gizmodo posted, REACT officers checked a box indicating that

they were looking for property "used as a means of committing a felony."

Since the Gizmodo iPhone scoop broke last week, some have speculated that

Gizmodo and its parent company, Gawker Media, might be liable for criminal

prosecution for being in receipt of stolen goods under California law.

Gawker has blasted back at the police with seized-property charges of its own,

claiming that the police had no legal grounds for seizing a journalist's

property. Gaby Darbyshire, Gawker's chief operating officer, wrote to the

police that Chen "tells me that he showed you an email I had sent him earlier

that day that told him that he should tell you that under both state and

federal law, a search warrant may not be validly issued to confiscate the

property of a journalist."

In a ruling handed down last week, a New Jersey court determined that a blogger

being sued for defamation did not have full standing as a journalist and

therefore was not protected under the state's "shield law," which protects

journalists from being compelled to take part in court proceedings pertaining

to their work. California has a shield law, but there is no shield law that

covers federal criminal cases.

In her letter, Darbyshire further explained that Chen "tells me that you

ignored him and, having been inside for a few hours already, you proceeded to

remove the materials despite his protestations."

Chen said that REACT did not damage his other property apart, that is, from

bashing in his door to get inside while he wasn't home.

Michael Calderone is the media writer for Yahoo! News.