San Francisco Police Department conducting internal investigation over lost Apple iPhone 5 affair
According to Lt. Troy Dangerfield of the SFPD, an internal investigation has begun to determine how the pair of Apple security personnel were helped by the SFPD in searching the home of Calderon. The two Apple security team members went to Calderon's home after another Apple employee reported misplacing the prototype of the next-gen iPhone at a tequila bar called Cava22. Apple told the cops that the phone was electronically tracked to Calderon's home in Bernal Heights.
Calderon, who did admit to being at Cava22 during the night in question, says the cops never entered his home to search for the phone; instead they allowed the two Apple security men to search Calderon's house, car and computer. On Sunday, SFPD chief Greg Suhr told the San Francisco Chronicle that it is not unusual for police to assist private investigators as a way to make sure that there isn't a problem.
Calderon, who now says that he is talking to an attorney about the matter, hinted that the SFPD attempted to cajole him into consenting to the search of his home. He said that officers told him that they could return with a search warrant if he failed to authorize a search, and inquired if any illegal foreigners were living in his home. Defense Attorneys in the area say that police are not supposed to use duress to coerce consent to search a home. In addition, Calderon also says that he was not aware that the two men who conducted the search of his property were Apple investigators. He claims that had he knew that the pair worked for Apple, he never would have let them in. John Runfola, a criminal defense attorney says that by not identifying the men who conducted the search, it probably would be considered an "unlawful" search.
Runfola and other attorneys say that because the phone was not found on Calderon's premises and nothing was taken by Apple personnel, there is not much that Calderon can do about the events that took place. For him to be successful in a civil suit against the SFPD, he would have to prove that he lost something and he can't even claim to have lost his anonymity. After all, can you remember the name of the guy who found the iPhone 4 prototype and ended up selling it to Gizmodo?
source: CNET via AppleInsider
1. wumberpeb (Posts: 445; Member since: 14 Mar 2011)
Apple's Security Team...
Law & Order meets Geek Squad
2. Sniggly (Posts: 7182; Member since: 05 Dec 2009)
I'd actually let Apple go on this one, as I'm always happy to see companies and individuals minimize the State in their affairs. However, the cops' behavior was unforgivable. Using intimidation tactics to coerce the guy into letting the two security team members in? That's bullying bulls**t right there.
3. pongkie (Posts: 505; Member since: 20 Aug 2011)
I don't think the cops wont get anything from this, their just doing their jobs. Cops probably wasn't aware that those apple security would go that far.
5. remixfa (Posts: 14130; Member since: 19 Dec 2008)
the apple security guy was an ex-cop from that police department. He was using his personal strings to get the police help. His buddies were helping him get into that house.
Like I've said before. Against the law. Apple (employees representing apple become apple) knowingly bent the law to gain access to that house and illegally searched it. They need to be held accountable.
4. ibap (Posts: 710; Member since: 09 Sep 2009)
WHAT? The cops show up at your house, and ASSIST two civilians in searching your house? I don't care if the cops didn't enter - they were there so the guy would let them in. So Apple now has its own Gestapo and the cops help out? WAKE UP!
And if Apple is going to be serious about keeping stuff under wraps, they need to keep their employees out of bars. Obviously, they can't be trusted with a prototype. Maybe it needs to be shackled to their wrist when they leave the Apple campus.
I think the guy has a case against the police. Runfola is just trying to take pre-emptive action so he doesn't file suit.
And the word is 'lightning' - unless you're talking about bleaching your hair.
7. Dj21o (Posts: 437; Member since: 19 May 2011)
Well did they find out what the son-of-a-bitch looks like? You don't just steal the phone and not put pictures up on the internet?!?!?! C'mon, I don't want to just see what it looks like when launch day comes!!!