Gizmodo Editor Retains Criminal Defense Lawyer

Gizmodo's Jason Chen has retained a criminal defense lawyer and Gawker has hired a First Amendment specialist, according to Law.com.

Gizmodo recently published photos and video of a lost iPhone 4G prototype which was reportedly purchased from the finder for $5000. At Apple's prompting the police have launched an investigation into the incident and may have used an invalid warrant to raid the home of Gizmodo editor Jason Chen.

Thomas Nolan Jr., veteran criminal defense attorney from Nolan, Armstrong & Barton in Palo Alto, Calif., will be representing Chen.


"I don't know whether he's the target of the criminal probe or whether they're trying to get information about sources from him," said Nolan. Adding that "there's a serious question about the propriety of issuing a search warrant for a journalist."

To address that matter Gawker hired Thomas Burke, a First Amendment specialist from Davis Wright Tremaine.

Burke and Gawker COO Gaby Darbyshire reportedly met with San Mateo County Chief Deputy District Attorney Stephen Wagstaffe on Monday to argue their case.

"The California Penal Code says you can't issue a search warrant for information that's protected by the shield law," Burke said Tuesday. If the San Mateo prosecutors decide to search the computers from the raid, he'll file a motion to stop them.


Terry Francke, First Amendment expert at Californians Aware, says the search warrant shouldn't have been issued.

"The normal procedure would be to informally request and then perhaps use a subpoena for the information. I don't think that anyone's arguing that these protections for unpublished information provide protection against accusations of receiving stolen property. The question is: Can he use his own rights as a journalist to suppress evidence that's sought in the prosecution of someone else? My rough guess is that he probably can."

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