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Scubajrr 28th Apr 2010

#1. It was found after an apple employee left it in a bar!
http://gizmodo.com/5520438/how-apple-lost-the-next-iphone

#2. The person who found it made a reasonable effort to return it. He called apple to return it and apple blew him off.
http://gizmodo.com/5520729/why-apple-couldnt-get-the-lost-iphone-back?skyline=true&s=i

#3. It was sold to Gizmodo as a possible prototype.
http://gizmodo.com/5520729/why-apple-couldnt-get-the-lost-iphone-back?skyline=true&s=i

#4. When Gizmodo published and the apple legal dept sent a letter asking for the phone back Gizmodo was happy to return it. It served as confirmation that the device was genuine.
http://gizmodo.com/5520479/a-letter-apple-wants-its-secret-iphone-back

At best, the only crime that could be considered to have been commited here might be apple filing a false police report.
At worst you could find that apple legal department used the San Mateo police dept as a subcontracted devision of the apple gestapo.
Either way, Gizmodo is protected by both federal and state 1st ammendment statutes.