Is Jason Chen a journalist?

So Jason Chen allegedly took receipt of an allegedly stolen fourth-generation iPhone prototype. Read a great blow-by-blow by Andy Ihnatko here.

Gizmodo, a technology blog, part of Gawker Media, and Chen’s employer reported today that the San Mateo police got a search warranty, entered Chen’s home, and seized his property relevant to the case.

The interesting thing to me is that Gawker’s attorney is calling for the return of Chen’s property citing that he’s a journalist and is not subject to search & seizure warrants per section 1524[g] of the CA Penal Code (it requires a subpoena instead).

Now, it’s interesting to me that Nick Denton, the founder, proprietor, and managing editor at Gawker was quoted just last year as saying, “We may inadvertently do good. We may inadvertently commit journalism. That is not the institutional intention.”

And so I ask Fluther, what makes a journalist? Is it intent? Is it the media distribution? Is it if you’re a professional? Can someone be a journalist and work pro-bono? Can someone be a journalist in one outlet, and not another? Does the individual get to decide? Or the government/courts? Maybe your boss vouches for you?