Jackbooted Apple Thugs Storm California Man's Home Looking for Lost iPhone5 Prototype

Party Rooster

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Lost iPhone 5 Update: Police 'Assisted' Apple Investigators in Search of SF Man's Home

By Peter Jamison Fri., Sep. 2 2011 at 3:18 PM



​The bizarre saga involving a lost prototype of the iPhone 5 has taken another interesting turn.

Contradicting past statements that no records exist of police involvement in the search for the lost prototype, San Francisco Police Department spokesman Lt. Troy Dangerfield now tells SF Weekly that "three or four" SFPD officers accompanied two Apple security officials in an unusual search of a Bernal Heights man's home.

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.

It remains unclear whether these actions might constitute impersonation of a police officer, which in California is a misdemeanor that can bring up to a year of jail time. Apple has not responded to our requests for comment. "I don't have any indication of that. I'm not going to go there," Dangerfield said, when asked about whether the Apple detectives might have misrepresented themselves.

Dangerfield said he plans to contact Calderón to ask further questions about the incident.

At the least, the incident is sure to raise questions about the propriety of multiple SFPD officers helping private detectives conduct a search -- which was never properly recorded, per standard police operating procedure -- of somebody's home. "Apple came to us saying that they were looking for a lost item, and some plainclothes officers responded out to the house with them," Dangerfield said. "My understanding is that they stood outside." He added, "They just assisted Apple to the address."

Dangerfield said he was not aware of whether it was a San Francisco police officer or one of the Apple security officers who first knocked on Calderón's door. "Anyone has a right to keep people from their homes if they don't want them there, legally," Dangerfield said.

It is also unclear why records of SFPD officers' involvement did not emerge until now. Yesterday SFPD spokesman Officer Albie Esparza said that "we don't have any record of such an investigation going on at this point." The tech-news site CNET first reported on the lost phone prototype earlier this week.

http://blogs.sfweekly.com/thesnitch/2011/09/iphone_5_apple_police.php
 

Motor Head

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Fail fail fail. A huge civil lawsuit in 3......2......1. If the SFPD just wanted to help Apple to circumvent having to go through an investigation and having to ask a judge for a warrant, fine. However, they are still obligated to tell the citizen that he has a right to refuse the private detectives entry to his home and property. You can't show up, flash your badge, then look the other way while corporate clown detectives enter the house. You have a sworn duty to protect a citizens rights, not help a corporation step on them. FAIL.
 

weeniewawa

it's a man, baby!!!
May 21, 2005
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#5
see what happens as soon as Steve retired mmmaaaannnnnnnnnn

as big of a fan of Apple products as I am, this is a huge mistake.

I don't blame Apple as much as I do the PD, they should be sued by Mr. Wetback even if he is illegal

they should read the constitution and the fourth amendment, it is part of their occupation
 

Hate & Discontent

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#6
From what I've seen online, the guy allowed them in to search. Either way, this would be fucking ponderous...

Except I'm betting it's a publicity stunt by Apple.
 

Party Rooster

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#7
Stupid character limit in thread titles. :icon_mrgr

Fail fail fail. A huge civil lawsuit in 3......2......1. If the SFPD just wanted to help Apple to circumvent having to go through an investigation and having to ask a judge for a warrant, fine. However, they are still obligated to tell the citizen that he has a right to refuse the private detectives entry to his home and property. You can't show up, flash your badge, then look the other way while corporate clown detectives enter the house. You have a sworn duty to protect a citizens rights, not help a corporation step on them. FAIL.
This. And at first it appears the police even denied they were there at all. And maybe even the Apple investigators tried posing as cops to gain entrance.

The tech-news site CNET reported earlier this week that an unreleased iPhone 5 had been lost in the Mission district restaurant Cava 22...

...According to CNET, San Francisco police officers and Apple employees traced the phone to the home of a man in Bernal Heights, but were unable to find it there or get the man to acknowledge possessing the prototype. Yesterday, however, SFPD spokesman Officer Albie Esparza told us that no records of any such activity by SFPD officers existed, as they should if police had been involved in a home visit and search.

SF Weekly has now spoken with Sergio Calderón, 22, of Bernal Heights, who believes his was the home referred to in the CNET article. Calderón got in touch with us yesterday in an effort to clarify who, exactly, had searched his home on an evening in July.
And this thing's out there somewhere, but because of what happened with last year's iPhone 4 thing, nobody's touching it. The guy that found it and the guy that arranged the sale through Gizmodo just got criminally charged last month what happened in that case. Apparently if you find property in California and don't try and give it back to the owner you can be busted for it.
 

whiskeyguy

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#8
From what I've seen online, the guy allowed them in to search. Either way, this would be fucking ponderous...

Except I'm betting it's a publicity stunt by Apple.
Yeah, but we're protected from search and seizure if it's done under false pretenses. Of course this is only one side of the story, but the Apple employees are required to state who they work for, just as police would be.

Apparently if you find property in California and don't try and give it back to the owner you can be busted for it.
Yup. I don't know the specifics, but you have to make a "reasonable effort" to return the property, such as notifying the local PD. After x days if the property isn't claimed, you're entitled to it.
 

Falldog

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#10
For starters, don't let the police into your home without a search warrant.
 

mascan42

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#11
I don't think the guy had any problem with the police searching his house (he seems to have gotten rid of the evidence long before they arrived), he's just pissed that it wasn't even real police conducting the search.
 

Poison The Well

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#12
Even if I have nothing to hide, I'd tell them to fuck off and come back with a search warrant.