San Mateo Superior Court Judge Clifford Cretan on Friday granted a motion by the San Mateo County D.A. to withdraw a search warrant issued for Gizmodo’s Jason Chen’s home. Without the warrant, the police have no right to hold any of the information and equipment seized. The court said “[a]ll items seized [from Chen’s home] shall be returned forthwith to Gizmodo.com and Jason Chen.”
While this may be a significant win for Gizmodo, the Electronic Frontier Foundation (EFF) points out that this may not be the end of the matter.
“As we pointed out, the police could (for example) attempt to subpoena the same material without running afoul of section 1524(g) and still proceed with their case,” wrote the EFF.