San Francisco Police Did Assist Apple in House Search of iPhone 5

[rcalderoni]

wait a second...

So the police are saying there was no record of it because the officers were off duty or 'plain clothes' or something? Yeah right.

I'm thinking the cops helped them out in a rushed hurry, no warrant (why is there no mention of a warrant?) and kept no record of it, so now they are saying that the reason they kept no record was because it wasn't real police work?

That makes no sense, on what authority would they be able to search someone's home besides the person who owns the home if they don't have a warrant?

 

[Mimpd123]

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Wow. A stolen iPhone is now comparable to an act of terrorism. Way to stretch the imagination. (no I don't agree with any citizen ever being held by their government or with their government's consent without due process in a fair court with at least the option of a trial by jury)

The point is that you claim he should know his rights and not be easily intimidated. How ever, america has an area where those rights are worth nothing. I mean, even the thing with policemen charging people for filming them doing "illegal" stuff, claiming its wiretapping... american rights has been on a decline since 9/11.

You wouldn't been intimidated with 4 police officers and the MAFIAA show up at your doorstep saying, let us in or we will sue you for 100.000$? knowing you didn't do it, would you really say **** off or let them search your house?

I may feel a bit intimidated and nervous, but that's exactly what I'm telling you. Look at it this way:
If you believe the cops are generally good guys, you should have no problem telling them to get a warrant.
It you feel that cops are generally bad guys, well...would you let a bad guy in your home just because you think it will all end ok? Or would you do everything you could to protect yourself and your rights.

 

[vanzantapple]

I wish that I could hire the police to find my lost phone.

WOE IS ME.

 

[BigPrince]

I wish that I could hire the police to find my lost phone.

WOE IS ME.

Way to over simply the matter to make a misleading point.

 

[Optheduim]

So the police are saying there was no record of it because the officers were off duty or 'plain clothes' or something? Yeah right.

I'm thinking the cops helped them out in a rushed hurry, no warrant (why is there no mention of a warrant?) and kept no record of it, so now they are saying that the reason they kept no record was because it wasn't real police work?

That makes no sense, on what authority would they be able to search someone's home besides the person who owns the home if they don't have a warrant?

the home owner has the authority to welcome into their home if they choose. watch a little law and order will ya… you can either say "A. Yes, i've got nothing to hide, come in… or B. come back with a warrant"

 

[oliversl]

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So this makes the history true?

 

[bigjohn]

8-10 Pasadena Police helped me and my mom locate her iPad 1 in a house. Some old folks had found it and had no idea who to return it to.

 

[Ries]

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Lost items usually don't walk off by them selves. When someone assists with them walking off, it's stolen.
And don't try and sell that it was found. If so, he should have reported it. Not taken it home with him. Before you attempt to say he is actually innocent, he admitted to being at the bar, and apple just happened to ping the phone at his address?
Seems that stolen fits quite nicely.

Looking at find iPhone on my iphone at home... It says I'm currently located in the flat across the street (with a small circle). GPS doesn't work that good inside.

 

[staccato83]

Looking at find iPhone on my iphone at home... It says I'm currently located in the flat across the street (with a small circle). GPS doesn't work that good inside.

This is what I am wondering... how did they track it to his exact residence? My GPS is never that accurate. Whenever I test Find My iPhone, it never pinpoints my exact location.

EDIT: I guess my point is moot since he already admitted to being at the bar.

 

[Peace]

Looking at find iPhone on my iphone at home... It says I'm currently located in the flat across the street (with a small circle). GPS doesn't work that good inside.

Location tracking can be fickle. I just did a find my iPhone and it showed up within a 10 foot radius of where I am in my house.

 

[Mimpd123]

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Lost items usually don't walk off by them selves. When someone assists with them walking off, it's stolen.
And don't try and sell that it was found. If so, he should have reported it. Not taken it home with him. Before you attempt to say he is actually innocent, he admitted to being at the bar, and apple just happened to ping the phone at his address?
Seems that stolen fits quite nicely.

Looking at find iPhone on my iphone at home... It says I'm currently located in the flat across the street (with a small circle). GPS doesn't work that good inside.

Your post missed the point completely. They didn't barge in and shoot the guy. They showed up at his house and asked if he was at the bar. He said he was. That's not a coincidence. Either he stole it, someone he went to the bar with stole it, or the phone somehow got misplaced on him or in his car without his knowledge(seriously, how likely is that?). Either way, once verifying that they were at the right address it is very reasonable to ask to search the place. I can only guess that they were very surprised that he agreed.

 

[spaceywilly]

8-10 Pasadena Police helped me and my mom locate her iPad 1 in a house. Some old folks had found it and had no idea who to return it to.

There was also a story from Australia I think where the police used a helicopter to help track down a guys lost iPhone. What's strange to me is that the guy let these apple security guys into his house. It seems like the real cops might've intimidated him just a little bit for that to happen. I read another story where a guy lost his phone and tracked it down to a house, went up to the door with a cop and the guy denied having the phone. The cop said there was nothing he could do since there was not enough reason to enter. The owner of the phone had an app that would let you remote play an alarm noise, and after he played the noise and everyone heard it the guy admitted to stealing the phone. Point being the guy had every right to tell the Apple employees to leave, so the fact that he let them in... well it's interesting. If cops showed up at my house and wanted to go inside to look for a magical mystery phone I would tell them to go screw a pooch.

If you think back to the iPhone 4 incident the guy who stole it changed his story about a hundred times until the truth actually came out. I'm sure it will be the same with this guy.

 

[gr8tfly]

So the police are saying there was no record of it because the officers were off duty or 'plain clothes' or something? Yeah right.

If the officers were detectives (for instance), they normally don't wear uniforms.

I'm thinking the cops helped them out in a rushed hurry, no warrant (why is there no mention of a warrant?) and kept no record of it, so now they are saying that the reason they kept no record was because it wasn't real police work?

That makes no sense, on what authority would they be able to search someone's home besides the person who owns the home if they don't have a warrant?

They don't need any warrant if they are granted access. This point has been made repeatedly in this thread alone.

Peace officers are commonly present in simple neighbor disputes, let alone the possible commission of a crime.

 

[pewra]

I don't know how anyone even believes any of this.

More to the point, why anyone cares.

 

[SchneiderMan]

Cool story bruddah.

 

[cere]

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People are having a hardtime understanding why the police escorted the apple guys to the address. Let me draw a correlation to my car.
Worth much less than the prototype iPhone 5. If it was stolen, and I called it in as stolen but had a gps lock on it, they would arrive at the scene. Apprehend/interview anyone at the scene. I would probably arrive about the same time(or earlier since I would be the one who knew where it was so I would already be on my way).
The difference is that I would file a report and have the jerk arrested, but apple just wanted to recover the phone and keep it as hush hush as possible.

So, police involvement makes very much sence if understood that way.

The analogy falls apart when you called it in as stolen. That would be a report of stolen property. There was no such report here. At best it was an informal request for assistance in finding lost property. Except even that goes too far, because the police didn't assist in the investigation. They just introduced the themselves as a group of police.

 

[Wicked1]

Big Question why is Apple giving people iPhone's when they go to a bar that is a recipe for disaster anyway.

Kind of Fishy two iPhone's were lost in a bar last year and this year? seems like a ploy to make a big deal out of the new release if you ask me.

 

[cere]

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Lost items usually don't walk off by them selves. When someone assists with them walking off, it's stolen.
And don't try and sell that it was found. If so, he should have reported it. Not taken it home with him. Before you attempt to say he is actually innocent, he admitted to being at the bar, and apple just happened to ping the phone at his address?
Seems that stolen fits quite nicely.

Do you go to bars much by yourself? If not, do you ever drop friends off from the bar at home? Maybe go to friends homes after the bar?

Any of those could be the case here and Sergio might then know nothing at all. All the location servics would have shown is that it was at some unknown point, close to his home.mIf he did take it and sell it, he was pretty dumb to go public.

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8-10 Pasadena Police helped me and my mom locate her iPad 1 in a house. Some old folks had found it and had no idea who to return it to.

By the definitions we see posted here, that old lady as a thief. She took it. That makes her a thief, right?

 

[Enjoy2011]

Someone had better care!

It seems that many here are avoiding the clear issue that Apple pulled the Big Brother tactic of lying and strong arming this guy. Yeah Big Brother! Just like their commercial. Only now they ARE Big Brother. You don't do this in America.
Even Microsoft or Google don't pull this crap! I love my Apple stuff but this is wrong and they need to be prosecuted so it doesn't happen again. It will happen again if not stopped here.

 

[Mike Reed]

I think there are two issues here that would be amount to wrongdoing.

The first is if the Apple security employees didn't expressly identify themselves as such before the request was made for them to search his property. If they didn't, it's entirely reasonable to argue that the only reason he consented was because of the presumption that they were cops just like the individuals that waited outside.

The second is in regards to how they secured the officers to accompany them. The police force are not security for rent. Either file a stolen property report and let them do their job in performing the search and conducting the investigation or handle it without them in ways that conform to your abilities to do so under the law.

On the topic of how much the prototype is worth in regards to sales, how many iPhone 4s do you honestly think they didn't sell because of the Gizmodo incident? They certainly have a right to keep their property under wraps, but lets not pretend that they're worried about lost sales.

 

[weespeed]

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Your post missed the point completely. They didn't barge in and shoot the guy. They showed up at his house and asked if he was at the bar. He said he was. That's not a coincidence. Either he stole it, someone he went to the bar with stole it, or the phone somehow got misplaced on him or in his car without his knowledge(seriously, how likely is that?). Either way, once verifying that they were at the right address it is very reasonable to ask to search the place. I can only guess that they were very surprised that he agreed.

Well from this:

Dangerfield says that, after conferring with Apple and the captain of the Ingleside police station, he has learned that plainclothes SFPD officers went with private Apple detectives to the home of Sergio Calderón, a 22-year-old resident of Bernal Heights. According to Dangerfield, the officers "did not go inside the house," but stood outside while the Apple employees scoured Calderón's home, car, and computer files for any trace of the lost iPhone 5. The phone was not found, and Calderón denies that he ever possessed it.

In an interview with SF Weekly last night, Calderón told us that six badge-wearing visitors came to his home in July to inquire about the phone. Calderón said none of them acknowledged being employed by Apple, and one of them offered him $300, and a promise that the owner of the phone would not press charges, if he would return the device.

The visitors also allegedly threatened him and his family, asking questions about their immigration status. "One of the officers is like, 'Is everyone in this house an American citizen?' They said we were all going to get into trouble," Calderón said.

One of the officers left a phone number with him, which SF Weekly traced to Anthony Colon, an investigator employed at Apple, who declined to comment when we reached him.

Reached this afternoon, Calderón confirmed that only two of the six people who came to his home actually entered the house. He said those two did not specifically state they were police officers.

However, he said he was under the impression that they were all police, since they were part of the group outside that identified themselves as SFPD officials. The two who entered the house did not disclose that they were private security officers, according to Calderón.

"When they came to my house, they said they were SFPD," Calderón said. "I thought they were SFPD. That's why I let them in." He said he would not have permitted the search if he had been aware the two people conducting it were not actually police officers.

We can actually see from Mr. Calderón side he was mislead.

Now we wait for SFPD and Apple's response.

 

[Mal]

By the definitions we see posted here, that old lady as a thief. She took it. That makes her a thief, right?

Only if she never made any attempt to return it. I'd guess that if she hadn't already, she would've eventually reported it to the police, or gotten someone who knew how to use it attempt to get contact info from it. If she hadn't and had simply kept it and used it, or sold it, then yes, it would have been theft. Chances are it hadn't been nearly long enough for it to legally count as theft, so certainly no reason not to give the benefit of the doubt (and sounds like they willingly handed it over, so that shows no bad intentions), but you make it sound completely absurd that an old lady could steal an iPad, which isn't true.

In the case of this story, it's case closed. He admitted to letting them in, no one lied about who they were, no crime was committed. The story should end. Of course, it won't because journalism in this country died decades ago, but there's nothing more to report here.

jW

 

[realeric]

I wish that I could hire the police to find my lost phone.

WOE IS ME.

How much did you pay tax? Billions?

 

[cere]

Only if she never made any attempt to return it. I'd guess that if she hadn't already, she would've eventually reported it to the police, or gotten someone who knew how to use it attempt to get contact info from it. If she hadn't and had simply kept it and used it, or sold it, then yes, it would have been theft. Chances are it hadn't been nearly long enough for it to legally count as theft, so certainly no reason not to give the benefit of the doubt (and sounds like they willingly handed it over, so that shows no bad intentions), but you make it sound completely absurd that an old lady could steal an iPad, which isn't true.

Comes down to intent. The old lady took it home with the intent to return it not didn't know how. She could have easily intended to steal it.

In the case of this story, it's case closed. He admitted to letting them in, no one lied about who they were, no crime was committed. The story should end. Of course, it won't because journalism in this country died decades ago, but there's nothing more to report here.

jW

He let them in under the belief they were police and under duress. Case closed?

 

[Individual]

How much did you pay tax? Billions?

So because my neighbor is richer than me he has the right to more help from the police than I do?