Linked by Thom Holwerda on Fri 2nd Sep 2011 21:47 UTC
Apple So, I kind of mocked this story yesterday, but today an interesting twist has emerged which puts the story in an entirely different light. This week, CNet reported a story about how Apple is working with the San Francisco Police Department to retrieve a lost iPhone 5 prototype. The police and Apple apparently traced the phone to someone's house, and showed up on his doorstep, threatening him and his family. The only problem - the SFPD has no record of any house search or of the case in general - raising the question whether Apple employees falsely impersonated the SFPD, which happens to be a serious crime in California. Update: While I was busy sleeping, the story changed a little bit, but it's still far too shady. After conferring with Apple, the SFPD now states four police officers were involved, and that only the two Apple employees entered Calderon's house. However, Calderon had no idea these two were private non-police people, since he claims they did not identify themselves as Apple employees. Had he known, he would not have let them search his house. So, update or no, Apple employees still impersonated police officers, and issued threats to intimidate Calderon into letting them search his house - without a warrant. I don't understand how people can just accept this sort of behaviour. Don't you have rights in the US? Update II: Perfect summary.
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Which right was trampled?
by fossil on Mon 5th Sep 2011 05:24 UTC in reply to "RE[4]: So let me get this straight"
fossil
Member since:
2009-05-29

Fourth Amendment to U.S. Constitution:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

But maybe there was no iPh5 lost and it was all just a publicity stunt, with Apple figuring no one would care about a Latino. Probably go over big with the Limbaugh crowd.

Reply Parent Score: 1

RE: Which right was trampled?
by Not2Sure on Mon 5th Sep 2011 06:38 in reply to "Which right was trampled?"
Not2Sure Member since:
2009-12-07

Umm, not sure if you are trolling or are just as ignorant as Holwerda's two brain cells he "rubs together."

The protection against unreasonable/unwarranted search and seizure protects you from agents of the state not the actions of your fellow citizens.

The Constitution has pretty much nothing to say on the matter of Citizen Bob stealing Joe Citizen's phone. Evidence unlawfully obtained from any defendant by a private person is generally admissible. So if Apple people had found the prototype they could have handed it over to the police and it would be used as evidence.

However, almost universally in the US, citizens lack the authority to conduct searches and seizures of the property of other citizens. Depending on the jurisdiction and circumstances that would be trespassing, b&e, assault, and larceny. None of which applies in this instance given the so far undisputed facts.

Have they given up on teaching even basic civics in American high schools? Probably have replaced it with a class to read Facebook's privacy policy and terms of use. Or maybe they just watch a few episodes of Law & Order and call it good.

Reply Parent Score: 1

fossil Member since:
2009-05-29

Civics was a required course in the 50s and 60s which I studied in grade school and junior high or high school (I'm over 60) and I did well, thanks. Is it OK for corporate goons abetted by agents of the state (the SF Police) pretend to be agents of the state and coerce U.S. citizens into "freely" allowing searches of their homes? Sounds like a corporatist/fascist wet dream to me. Something tells me that that is not what the framers of the U.S. Constitution had in mind. Your mileage may vary.

Since we're in civics mode, as I recall it, the Boston Tea-Party affair had to do with the "sweetheart" relationship between the British Crown and the British East India Company. It was the B.E.I.C's tea that was sent to a watery grave in Boston harbor. Destruction of sacred corporate property. How horrible!! Which led to still more repressive laws... which eventually led to the American Revolution. Don't they teach anything about the British East India Company in American History anymore? ;-)

It's more than a little interesting that the SF police seem to be having trouble coming up with a consistent story... And what has the Sacred Apple had to say? Nothing. Nothing at all. Apple's silence on the incident is deafening.

Reply Parent Score: 1