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Should Using Find My iPhone App Result in Arrests or Just Returned Gadgets?

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We do a lot of police blotter reading around here. (We’re old-school like that). So we’ve noticed a divide in cases involving iPhones and iPads that go missing and then get found with Apple’s Find my iPhone app.

Within a month of launching the service, police in San Jose used it tracked down a pair of thieves who broke into the house of an Apple employee. Busted. Arrested. Makes sense.

But what if you left your iPad on a train? Or the roof of your car? Or on an airplane? Or in a shopping cart?

No arrests were made in any of these recent cases.

Former England Rugby captain Will Carling left his iPad on a train. Carling went to great lengths to track his down – leaving 18 notes for tenants in an apartment building where his iPad ended up.

Once the person who had found it realized whose device it was (Carling sent messages telling the finders-keepers-hopeful he was tracking it), the app showed its owner that it was heading back to lost-and-found at the train station.

Other cases – where the devices were “left” or “lost” have led to arrests.

Would you be satisfied to have your iPad or iPhone returned or would you press charges?

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43 responses to “Should Using Find My iPhone App Result in Arrests or Just Returned Gadgets?”

  1. Ddm123452003 says:

    If stolen arrest is warranted. If lost I can’t expect people to bring back a brand new iPad unless prompted to. If it’s my fault it’s lost and someone brings it back I would offer them lunch or something

  2. Lostmyiphone says:

    sadly i will agree – why should someone go to jail because you lost your wallet or iphone or ipad or laptop? but if it was removed from you, that is another story. beatings then arrest is warranted.

  3. poppa1138 says:

    In the UK you can be charged with a crime just by finding money or property on the street. It’s called Theft by Finding, if you do not hand it in to the Police.

  4. KB says:

    In most jurisdictions in the US, the concept of ‘pressing charges’ is no longer relevant. The crime is an offense against the state, not the ‘victim’, and the decision to go forward with a prosecution belongs to the DA. That said, if it were up to me, I’d go to any lengths to assure maximum punishment for the criminal in question.

  5. Reikoku says:

    I think if the person chooses to return it upon getting messages, it’s fine to just return it. If authorities have to be called, they should press charges.

  6. Robert Pruitt says:

    I’m sure if it’s not claimed the police will keep it too right?

  7. Robert Pruitt says:

    I think if you are robbed, especially if there is assault involved than hell yes arrest them. If they simply found it and weren’t descent enough to return it then the police should take it back and give them a very dirty and disgusted look.

  8. Milo Thurston says:

    If it is not claimed then the finder gets to keep it.

  9. Robert Pruitt says:

    Oh, well that’s not so bad then.
    Let me briefly regale you with my two money finding tales. One time I was coming out of Red Lobster and found a $20 on the ground. I noticed several more blown into the grass and the sides of the driveway. I found $680 in total. I walked into the nearby business and gave them my phone number in case they had claims with anywhere near the exact amount. No calls came. Another time I was breaking down a wall of an old home from the 1940’s for a home my folks purchased and hundreds of old silver quarters burst out. My Dad split them with me and it was about $3,000 in value. Those are my two money-finding stories.

  10. tiresius says:

    While in the waiting area at an airport gate, I discovered someone’s Blackberry sitting on the chair next to me. I took it to the counter and they made several announcements asking the owner to come claim the device. But he/she may have already been on another flight destined for points unknown.

    Seems like there could be a market for a simple “I Found Your iPhone App” that broadcasts a message to the distant owner via alternative modes of communication (e.g. email address, voice mail, etc.), expediting the reunion.

    Obviously the developers would have to come up with some way for the Finder to enter some form of contact info so the Loser could claim the missing device…but intelligent minds should be able to solve that problem.

  11. MoistPup says:

    In California the laws about found things is very specific.

    If you find property in a business you must turn it over to the manager/ower of the business. If you don’t, it is a crime. This law came into play when the tester lost the iPhone 4 pre-release.

    I do not know how it works with public spaces.

  12. MoistPup says:

    Found an article which sums up California law: http://www.citmedialaw.org/blo

    Fair use Quote:

    California law regulates what you can do when you find lost property in the state. Section 2080 of the Civil Code provides that any person who finds and takes charge of a lost item acts as “a depositary for the owner.” If the true owner is known, the finder must notify him/her/it within a reasonable time and “make restitution without compensation, except a reasonable charge for saving and taking care of the property.” Id. § 2080. If the true owner is not known and the item is worth more than $100, then the finder has a duty to turn it over to the local police department within a reasonable time. Id. § 2080.1. The owner then has 90 days to claim the property. Id. § 2080.2. If the true owner fails to do so and the property is worth more than $250, then the police publish a notice, and 7 days after that ownership of the property vests in the person who found it, with certain exceptions. Id. § 2080.3.

  13. Luis Garza says:

    If it was taken, jail time…if I forgot it, I’m an idiot, why should the finder go to jail?

  14. Come on... says:

    My wife’s iPhone was stolen from her work. I tracked it to a residence nearby. She went to the residence with the police. Turned out to be a co-worker, who denied knowing anything about any stolen property and denied even knowing my wife. After some “tough talk” the phone was returned. The employee was fired. Police said they would present the case for charges. Never heard back. I suppose there was some satisfaction that punishment came in the form of a firing. We did not pursue it. Happy to have the phone back.

  15. Come on... says:

    So…if you are walking down the street and your wallet falls out of your pocket, and the person behind you picks it up, you would say that they are entitled to keep it because, well…you were just careless? Come on…

  16. Bob says:

    You are nuts just because you lost give no right to keep it. Turn it in and follow the law. If no one claims it then it is yours. If your bike was in your front yard and I came and found it laying there is it mine, after all I found it laying on the ground. If it’s not yours don’t take it.

  17. Download says:

    Interesting and useful post

  18. Nutz320 says:

    If the iPhone has a passcode, only a JB app would be able to do this.

  19. Daibidh says:

    It’s hard to make a blanket judgement for all situations but society, in general, has forgotten one thing, just because property is lost, it STILL has an owner. We are integrity bound to turn it in as lost… to a location the owner would logically look. Oh, but what do you expect from a society that doesn’t value honesty anymore. We seem to only teach our kids to correct an error if it isn’t in their favor and to look with amusement or surprise when someone practices mutual respect. Welcome to “finders keepers, losers weepers” folks!

  20. kavok says:

    Who cares about California, outside of Cupertino? There ARE 49 other states in the US you know. I’m sure they can handle their own laws just fine without needing CA as a role model. Oh wait…. I guess most of the crime in this country does happen in LA. Hrm….

  21. imajoebob says:

    We care about California because most other states have similar laws (about most things). And if you’re state DOESN’T have a similar law, ask why they don’t, and use CA’s as a model. Or should I be able to keep your car because I “found it” on the street with the keys in it?

    A major crime seems to have happened between your ears.

  22. imajoebob says:

    It’s case-by-case. If there’s a system for returning – and tracking – lost items you’ve found, like most transit systems, then you get a couple days to turn it in. If you don’t, there’s no excuse, especially if trackers can show you used it. If there is no system, then you should be expected to show some effort to find the rightful owner. Does anyone know if Apple or mobile carrier will notify an owner if you call support and say, “I’ve found device #0123, here’s my email/phone” and want to return it?

    At the least, if there’s no apparent effort to return the item until they’ve been tracked, a little Fear of God therapy seems in order.

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