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No way our police would help recover a phone. Best you could hope for would be getting a police report. I had a friend who's iPhone was stolen and find my phone indicated it to be in an apartment complex but police says they would not do anything except fill out a report.
 
No way our police would help recover a phone. Best you could hope for would be getting a police report. I had a friend who's iPhone was stolen and find my phone indicated it to be in an apartment complex but police says they would not do anything except fill out a report.

I think it's based on how proactive the Officer is. But in most respects, you're correct. Law Enforcement would have the complainant complete a Property Crime Non-Consent Form and a report would be completed. No matter what, no well trained Officer is bringing the complainant to the suspects door. That's absolutely absurd and a huge safety breach.
 
Yeah, try getting the NYPD to act on something like a phone recovery w/o going thru filing lots of paperwork.

And tons of props to the men/women in blue for keeping us and our streets safe throughout the US!
 
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Hey guys - my sisters iPhone 7 was stolen yesterday evening unfortunately :(

It was bought via Citizen One. Do we just end up paying the reminder for the next 21 months? Apple Care obviously doesn't cover theft. We keep trying to call Apple who points us to Citizen and then vice versa.

Thanks!

Bought with a loan or credit card? Most credit cards offer 90day purchase protection.
 
It does happen and happened to me a few times when I needed assistance with a stolen iphone LE stepped in and helped out.
I know some think that police will not help them but if you're polite and respectful they will treat you right and do their best to serve and protect you.

Depends a lot on the jurisdiction. In my small suburban town, probably yes. In a metro area of any size, the iPhone theft practically has to involve a homicide before LE is going to get involved. And x3 on being polite and respectful. :thumbup:
 
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Bought with a loan or credit card? Most credit cards offer 90day purchase protection.

I believe since she purchased the iPhone through iUP program, that means it's going to be a loan through Citizen One bank (no protection except maybe for the couple of loan payments she might have already made, if that).
 
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It does happen and happened to me a few times when I needed assistance with a stolen iphone LE stepped in and helped out.
I know some think that police will not help them but if you're polite and respectful they will treat you right and do their best to serve and protect you.

I think you misunderstood @laudern. I think they were disagreeing with the fact the Police would bring the complainant to the suspects door/residence, which should never happen.

I agree you should treat Law Enforcement with respect, but none the less, it is there duty to assist, being its criminal and a complaint was filed. Unless the complainant advises otherwise.
 
Depends a lot on the jurisdiction. In my small suburban town, probably yes. In a metro area of any size, the iPhone theft practically has to involve a homicide before LE is going to get involved. And x3 on being polite and respectful. :thumbup:

I hear you on that.
But even in bigger cities I think if you ask an officer for help and show him proof he will do something about it.
 
Depends a lot on the jurisdiction. In my small suburban town, probably yes. In a metro area of any size, the iPhone theft practically has to involve a homicide before LE is going to get involved. And x3 on being polite and respectful. :thumbup:

Good point. Based on the call volume, Law Enforcement will prioritize the calls. If for whatever reason they can't make contact with the suspect, they in the least would complete a report and follow up with the complainant later.
 
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Yeah I doubt that would happen.
Well you are wrong. If you live in a big city it may not happen there but here in the suburbs in a red state where the crime rate is low, this is what happens.
[doublepost=1479245594][/doublepost]
Report it to the police, make sure to get a case file number.
Absolutely do this. Even if you don't claim it on your homeowner's/renter's policy, if the police do recover it and they have the IMEI in a police report with your name and address, they will try to contact you to claim it.
 
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I live in the suburbs and in our town you call the non-emergency police number and they will meet you and if you can show with Find My iPhone that the last known location of the phone was at a particular place, they will escort you to knock on the door and ask about your phone.

Sounds like an attempt at illegal search to me. If they knocked on my door I simply would not answer. I once had a motorcycle stolen. I reported it. Two weeks later the cops call me at midnight and tell me they found my bike in a very bad section of town. They said I could come and get it but they would only wait 15 minutes for me. When I got there they had detained the guy who was riding it. It was very badly banged up and barely rideable. I told the cops I wanted to press charges and they said they were releasing the guy because they couldn't prove he stole it. I said since when are you attorneys? I watched the guy walk away laughing. The cops told me I should kiss their feet for finding it. Heck, the bike was so bad I ended up trashing it. And I'm supposed to have respect for them?
 
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Society these days. Who in their right mind takes out a bank loan for a phone????
People have been doing similar kinds of things with contracts for years and years. Nothing really new there as far as the concept goes, just the implementation of it changed to some degree.
 
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Society these days. Who in their right mind takes out a bank loan for a phone????

Think about it for half a second. You're no worse off if you borrowed the purchase price of the phone from Citizens at 0% than you would be if you paid cash up front. The phone is gone either way - and you're out the same amount either way.
 
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Society these days. Who in their right mind takes out a bank loan for a phone????
A lot of people. Considering it's a 12 month interest free loan, for some it's a no brainer. For someone for whom $1000 is a big chunk of money, it's the easiest way to get the phone. And someone on a payoff plan is actually better off in the short term if the phone gets stolen. Imagine she paid $1K outright, then lost the phone the next month and had to for over another $1K for a new one. That's $2K of of pocket in a month, vs 2 phones on a payment plan at $40/ea or $80 for both.
 
Sounds like an attempt at illegal search to me.
No, the police are allowed to knock on doors. You don't have to answer the door but they aren't precluded from knocking.

The police can't come into your home unless they are invited in, they have a search warrant or there are a few exceptions to the search warrant, like hot pursuit of a fleeing felon. But nothing at all stops them from knocking on a door.

If they knocked on my door I simply would not answer.
And if they see you in there not answering, they can park outside your house and wait for you to come out and talk to you then. You can refuse to answer specific questions about the crime, but they also can detain you for further questioning if you do. Then you can ask for an attorney but if you haven't been charged with a crime, you are not likely to get a public defender and will have to pay for the attorney yourself. You can read about how it works in Ohio for instance if you want to educate yourself on this topic.

https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-21.aspx

The police also can get a warrant based on the FindMyiPhone data coupled with your refusal to answer the door. That would amount to probable cause sufficient to get a warrant to search your house.
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It does happen and happened to me a few times when I needed assistance with a stolen iphone LE stepped in and helped out.
I know some think that police will not help them but if you're polite and respectful they will treat you right and do their best to serve and protect you.
I think in big urban areas with lots of violent crime that it may be hard to find a cop who will have the time to be able to help but where I live in suburbia, there isn't much violent crime. When someone does get shot around here, about 50 cop cars show up to the scene since they are pretty much just driving around patrolling most of the time.
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I told the cops I wanted to press charges
This is a common lay person myth that is propagated by the lay media. You don't press charges. The state does. You can file a report and convey your willingness to be a witness but that is all you would be is the witness and the victim. The district (or state or federal) attorney makes the decision on whether or not to file charges. Cops make the decision on whether or not to arrest someone or if ordered to by the district attorney. You don't get to dictate that simply because you are the victim of a crime.


and they said they were releasing the guy because they couldn't prove he stole it.
Well that isn't the standard for an arrest. The standard for an arrest is probable cause. Many times the evidence sufficient to actually convict someone under a beyond a reasonable doubt standard isn't found until after someone is arrested. Probable cause is a much lower bar than beyond a reasonable doubt.

I said since when are you attorneys? I watched the guy walk away laughing. The cops told me I should kiss their feet for finding it. Heck, the bike was so bad I ended up trashing it. And I'm supposed to have respect for them?
Police aren't attorneys, true but they are educated in probable cause, which is the standard they are held to for an arrest. It sounds to me like these officers worked in a bad part of town and they didn't want to do the paperwork for an arrest for a stolen motorcycle since they spend their days trying to protect people against violent crime.

If that were to happen to you again, you can go to the district attorney and have them review the facts. The DA can order the cops to make an arrest if they feel that an arrest is warranted by the facts.

You also can hire a civil attorney to sue the perpetrator for damages. As part of that process, the civil attorney can contact the DA on your behalf to update the DA on the facts of the case so that the DA can decide if they want to pursue charges or not.

Lots of crimes get committed but most states don't have the resources to pursue them all. That definitely is part of the decision making process of the DA. Some areas are so crime ridden that a lot of theft never gets prosecuted. In your case, it sounds like you encountered either lazy cops or very overworked cops who have a lot of violent crime they are busy dealing with. Regardless of which it was, you could have gone to the DA yourself or hired a civil attorney to represent you.
 
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No, the police are allowed to knock on doors. You don't have to answer the door but they aren't precluded from knocking.

The police can't come into your home unless they are invited in, they have a search warrant or there are a few exceptions to the search warrant, like hot pursuit of a fleeing felon. But nothing at all stops them from knocking on a door.


And if they see you in there not answering, they can park outside your house and wait for you to come out and talk to you then. You can refuse to answer specific questions about the crime, but they also can detain you for further questioning if you do. Then you can ask for an attorney but if you haven't been charged with a crime, you are not likely to get a public defender and will have to pay for the attorney yourself. You can read about how it works in Ohio for instance if you want to educate yourself on this topic.

https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-21.aspx

The police also can get a warrant based on the FindMyiPhone data coupled with your refusal to answer the door. That would amount to probable cause sufficient to get a warrant to search your house.
[doublepost=1479259574][/doublepost]I think in big urban areas with lots of violent crime that it may be hard to find a cop who will have the time to be able to help but where I live in suburbia, there isn't much violent crime. When someone does get shot around here, about 50 cop cars show up to the scene since they are pretty much just driving around patrolling most of the time.
[doublepost=1479260537][/doublepost]This is a common lay person myth that is propagated by the lay media. You don't press charges. The state does. You can file a report and convey your willingness to be a witness but that is all you would be is the witness and the victim. The district (or state or federal) attorney makes the decision on whether or not to file charges. Cops make the decision on whether or not to arrest someone or if ordered to by the district attorney. You don't get to dictate that simply because you are the victim of a crime.


Well that isn't the standard for an arrest. The standard for an arrest is probable cause. Many times the evidence sufficient to actually convict someone under a beyond a reasonable doubt standard isn't found until after someone is arrested. Probable cause is a much lower bar than beyond a reasonable doubt.

Police aren't attorneys, true but they are educated in probable cause, which is the standard they are held to for an arrest. It sounds to me like these officers worked in a bad part of town and they didn't want to do the paperwork for an arrest for a stolen motorcycle since they spend their days trying to protect people against violent crime.

If that were to happen to you again, you can go to the district attorney and have them review the facts. The DA can order the cops to make an arrest if they feel that an arrest is warranted by the facts.

You also can hire a civil attorney to sue the perpetrator for damages. As part of that process, the civil attorney can contact the DA on your behalf to update the DA on the facts of the case so that the DA can decide if they want to pursue charges or not.

Lots of crimes get committed but most states don't have the resources to pursue them all. That definitely is part of the decision making process of the DA. Some areas are so crime ridden that a lot of theft never gets prosecuted. In your case, it sounds like you encountered either lazy cops or very overworked cops who have a lot of violent crime they are busy dealing with. Regardless of which it was, you could have gone to the DA yourself or hired a civil attorney to represent you.

In addition to your post, I wanted to add a few sub-points.


Entering a household:

1). The Hot Pursuit Doctorine only applies where the threat of evidence would be probable. In another words, the Police Can enter a household where a foot pursuit would occur with the suspect fleeing into the residence with the destruction of evidence.

2). Exigent Circumstances- Where the threat of great bodily harm or death are likely.

3). Community CareTaker Doctorine-Where a welfare check for example could take place and ensure there Are no problems or enter based on danger. (Pending on state).

4). Warrant-Pending on the the circumstance-It can take while to be approved.


The Police, in regards to a stolen cell phone, are not going to wait outside a suspects home. They can. But they won't. Applying for a warrant for a stolen cell phone is highly unlikely to be granted, unless the suspect is a known trafficker or the Phone was used in a commission of a serious crime. It just doesn't have the precedent as other crimes do. And no Judge is going to grant a warrant for a stolen iPhone, again, it depends on the nature of the crime and how the iPhone was used in a crime.

Yes, the Police can detain a suspect for questioning, but, they are free to go any time and Probable cause is not required. Reasonable suspicion Is.

If the suspect admits to a stolen cell phone, the police don't have to file charges, unless the victim wants to pursue charges. The only time it's mandatory for an arrest (Pending on the state) is Domestic violence and Temporary Restraining Orders.

A District Attorney doesn't order the Police
To make an arrest, they only proceed further with the charges forwarded by the Police. A District Attorney can however, grant a warrant for an arrest usually for a suspect involved in a Domestic who is non-cooperative/flee's.

Most don't know the difference with Probable cause and reasonable suspicion. That being said, if a cell phone is stolen and is allegedly tracked back to a residence where a suspect could potentially be, doesn't equate who used the iPhone and who has he iPhone in possession.

Probable cause is a set of facts and circumstances that shows a crime has been, will be or is committed.

Reasonable suspicion is the general and reasonable belief that would lead a reasonable person A that a crime is likely to be committed.

I also want to reiterate from my previous post, it should never happen where an Officer brings the complainant to the suspects door. Period. That Officer needs to review their Policy and a procedure manual. Unless, the Officer deems it safe to do so. But the initial contact should be made by the Officer only. It's just a huge safety breach. It's no different if an Officer would clear
Your residence if it was burglarized when you weren't home. The Officer isn't going to allow you in the residence until it's cleared, the same applies to bringing a civilian to a strangers door. That's asinine.

Your state may vary, this post applies to my
State laws and accordances.
 
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I hear you on that.
But even in bigger cities I think if you ask an officer for help and show him proof he will do something about it.

If a complaint is filed with the Police and the complainant wishes for it to be investigated, then the Police have to investigate it. Unless the complainant wants a report filed only for insurance/record purposes, then the Police Can do this without Investigating the incident.
 
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