D.A won’t charge Gizmodo in ‘lost iPhone 4′ case

Brian Hogan, 22, of Redwood City, and Sage Wallower, 28, who were earlier identified as the finder (Hogan) and go-between (Wallower) in negotiations with Gizmodo.
Both were charged with one count of misappropriation of lost property, and Sage Wallower, 28 was also charged with possession of stolen property. They are scheduled to be arraigned on Thursday, August 25, 2011 at 9:00 a.m. in Redwood City.
When the iPhone 4 prototype was first found, Gizmodo eventually acquired it and wrote about it on their site. Eventually, things got so hot in the incident that police raided the home of Gizmodo editor Jason Chen, who wrote the article.
Eventually both Hogan and Wallower were identified as well. There was discussion about the legality of their find. Most folks wondered if the old adage of "finders, keepers" would apply, but a California law dating back to 1872 says:
"One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft."
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