The same judge who issued the warrant to search Gizmodo editor Jason Chen's apartment has now ordered it unsealed, ruling against the San Mateo County district attorney's office which had argued that unsealing the documents may compromise the investigation."
You can read the entire affidavit here (PDF). It has a detailed description of the police investigation that led to the seizure of Chen's computers. It turns out Steve Jobs personally requested that the phone be returned, prompting Gizmodo's Brian Lam to try negotiating for a public acknowledgment that the phone was real. Apple was tipped off to the man who found/stole the prototype by his roommate.

http://apple.slashdot.org/story/10/0...rrant-Unsealed