Gawker Media COO Gaby Darbyshire issued a response to law enforcement officials stating that they had an invalid warrant because of Chen’s status as a journalist under California law. Legal details aside, you can see Jason’s account of the story at Gizmodo. Whatever the decision, this seems like some fairly extreme action on the part of Cali law. First there has to be proof that the phone was stolen, rather than left in the bar. Secondly, that journalism thing makes it pretty hard to prosecute a guy who works from home as the editor of one of the most prominent tech blogs in the world on the grounds that he’s not a journalist.

Whatever the outcome, this is a big win for Apple. The buzz around the new iPhone is as hot as it has ever been thanks to the leak. This only turns up the heat.

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