CA - Cops kick in door over an i-phone.

[Anti Federalist]

So much fail in this story, I don't even know where to begin.


A painful lesson: Don't pick up abandoned iPhone

By PAUL PAYNE
THE PRESS DEMOCRAT

Published: Thursday, October 27, 2011 at 11:55 a.m.
Last Modified: Thursday, October 27, 2011 at 7:52 p.m.

http://www.pressdemocrat.com/article/20111027/ARTICLES/111029570?tc=ar

Don't mess with another woman's cell phone.

That's what Novato resident Moriah Stafford learned when she found an iPhone in a shopping cart at a Marin County Kohl's store on Sept. 20.

Stafford took the phone to her son's Petaluma home, thinking he could help her try to contact the owner. Next thing she knew, Sonoma County sheriff's deputies kicked in the door, grabbed the phone and arrested her and her son.

Turns out the super-slick iPhone 4 with its built-in GPS device allowed the owner, Kathleen Wata, to track it to within three feet.

Within hours, Wata's husband led deputies to the I Street home. Deputies knocked. But when no one answered they forced their way in.

Stafford and her son, Stephen Sommers, were sitting on the living room couch, said Sommers' lawyer, Jeff Mitchell.

“I was shocked,” said Stafford, a retired cosmetics saleswoman with no criminal record. “I'm putting my hands in the air thinking, ‘Is this the way I'm going to die, Lord?'”

Stafford was charged with possession of stolen property and stealing a phone the owner said was worth $1,000 with accessories and apps. She faced state prison time if convicted.

Her 44-year-old son was arrested on the same charges plus drug possession and a warrant.

Thursday it all came to an end when prosecutors dropped all the charges against Stafford because of insufficient evidence.

Stafford hugged her lawyer, Rebecca Linkous, as prosecutor Brian Staebell announced the decision the morning of her scheduled preliminary hearing.

[aGameOfThrones]

She lost the phone, but claim it was stolen? You Kathleen Wata long for a lawsuit.

[shimmergoddess]

They also quietly dismissed all charges having to do with the Iphone for Mr. Sommers. They did not, however drop the possession or "resisting arrest" charge. They are claiming that not answering the door is "resisting arrest"...kind of like peaceful protesting and video taping the police has become resisting arrest in California. But nothing beats Mr. Sommers last court date where the Judge presiding over his case admits that he was the judge that signed the warrant (at like 9:45 pm) authorizing the sonoma county sheriff's department to "Rescue the I-phone" by any means necessary. The funny thing is he also said that if he would have known that the phone was NEVER actually stolen but simply left in a Kohl's shopping cart, he NEVER would have signed the warrant. hmm.........so I guess someone told him it was stolen?

[TheTexan]

See something, leave it there

[dannno]

“I'm putting my hands in the air thinking, ‘Is this the way I'm going to die, Lord?'”

Holy crap, I had no idea there were Christians in Marin County!!

[RickyJ]

So all you have to do to get a bunch of pigs to come to a certain location is to steal an iPhone and leave it somewhere until they come?

Police are too dumb to think they could ever be walking into a trap themselves, they think they are the only ones that can set traps.

[heavenlyboy34]

So all you have to do to get a bunch of pigs to come to a certain location is to steal an iPhone and leave it somewhere until they come?

Police are too dumb to think they could ever be walking into a trap themselves, they think they are the only ones that can set traps.
+a bunch

[Agorism]

Seems like they would need a warrant, but I don't see why a judge wouldn't give them one in this case on short term notice.

[pcosmar]

Seems like they would need a warrant, but I don't see why a judge wouldn't give them one in this case on short term notice.

What?


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.

If it was NOT stolen, he should not have issued a warrant.

but,,no good deed does unpunished these days.

[CaptainAmerica]

She lost the phone, but claim it was stolen? You Kathleen Wata long for a lawsuit. I would sue Wata for a Wata cash.

[AFPVet]

If you see something laying around, notify store security/loss prevention. They have lost and found for these kind of things.

[thoughtomator]

So all you have to do to get a bunch of pigs to come to a certain location is to steal an iPhone and leave it somewhere until they come?

Police are too dumb to think they could ever be walking into a trap themselves, they think they are the only ones that can set traps.

Note to self: if ever I come across a lost iPhone, drop it off at the local county executive's house.

[TheTexan]

If you see something laying around, notify store security/loss prevention. They have lost and found for these kind of things.

Store security counts as cops in my book. You know what they say about cops, and talking to them...

[AFPVet]

Store security counts as cops in my book. You know what they say about cops, and talking to them...

Store security is private and fine to talk to lol. Remember, only certified law enforcement officers, government agents, or their contractors have arrest powers. Security/LP's get their arrest authority from citizen's arrest and the common law of "shopkeeper's privilege".

[TheTexan]

Store security is private and fine to talk to lol. Remember, only certified law enforcement officers, government agents, or their contractors have arrest powers. Security/LP's get their arrest authority from citizen's arrest and the common law of "shopkeepers privilege".

I still can't think of a single reason to talk to them, and about a dozen not to.

[AFPVet]

I still can't think of a single reason to talk to them, and about a dozen not to.

They get really bored though lol... I know... and your feet hurt really bad after a 12 hour shift.

[steve005]

If I ever find one I'll be sure to smash it promptly

[RiseAgainst]

Store security is private and fine to talk to lol. Remember, only certified law enforcement officers, government agents, or their contractors have arrest powers. Security/LP's get their arrest authority from citizen's arrest and the common law of "shopkeeper's privilege".

Incorrect. An "officer's" arrest privilege is exactly citizens arrest. There is no "magical authority" to government, it carries no rights higher than any citizen.

What an officer does have (which he shouldn't) is immunity from transgression. Any citizen may arrest the same as any officer. The only difference being if one of us mundanes screws up when we arrest someone WE pay the price, if an LEO does it, the person they arrested pays the price.

[heavenlyboy34]

Incorrect. An "officer's" arrest privilege is exactly citizens arrest. There is no "magical authority" to government, it carries no rights higher than any citizen.

What an officer does have (which he shouldn't) is immunity from transgression. Any citizen may arrest the same as any officer. The only difference being if one of us mundanes screws up when we arrest someone WE pay the price, if an LEO does it, the person they arrested pays the price. +rep

[rockerrockstar]

Someone stole an iphone at my roomates work place. He works in a engineering building for a aerospace company. Anyways, some how it was stolen off a workers desks. The owner called the cops. The cops tracked it to a bad neighborhood. The cop used the GPS of the phone but did not find the phone. I hear people steal iphones because they can be sold for quite a bit. So now everyone is scared at his work that things my be stolen. They keep their phones in their pockets instead of laying them on the desk.

I have read an article that in bigger cities people will steal iphones right out of the hand of the owner and run off with it.

[AFPVet]

Incorrect. An "officer's" arrest privilege is exactly citizens arrest. There is no "magical authority" to government, it carries no rights higher than any citizen.

What an officer does have (which he shouldn't) is immunity from transgression. Any citizen may arrest the same as any officer. The only difference being if one of us mundanes screws up when we arrest someone WE pay the price, if an LEO does it, the person they arrested pays the price.

Yes, of course lol... I was simply referring to how the state sees things.

Now, in my personal and educated opinion, yes, LEO's have no more constitutional authority than any one of us. It is unfortunate that our society has fallen so far off the reservation.

[asurfaholic]

Someone stole an iphone at my roomates work place. He works in a engineering building for a aerospace company. Anyways, some how it was stolen off a workers desks. The owner called the cops. The cops tracked it to a bad neighborhood. The cop used the GPS of the phone but did not find the phone. I hear people steal iphones because they can be sold for quite a bit. So now everyone is scared at his work that things my be stolen. They keep their phones in their pockets instead of laying them on the desk.

I have read an article that in bigger cities people will steal iphones right out of the hand of the owner and run off with it.

Wtf.. why can I not track my brand new ipod which also has gps on it? Someone broke into my car and stole it, and when I called Apple, they said there's nothing they can do.

I wanna find where the thing is...

[LibertyRevolution]

Wtf.. why can I not track my brand new ipod which also has gps on it? Someone broke into my car and stole it, and when I called Apple, they said there's nothing they can do.

I wanna find where the thing is...

There are apps you can use to track your children. I'm sure this is what they were using to track the phone.
My last boss required this app to be running at all times...
He would text the employees and be like "you haven't moved from in 20mins, get back to work."
Or crap like: "I see you are still at the bar, you know you got to work in 5 hours, go get some sleep."


Onto stolen property in Cali:

There is no finders keepers law in Cali, in fact it the exact opposite.
If you find property that is not yours and you take it, it is considered stolen.
If you find property that is not yours, by law, you must turn it into the local police.
They will hold it for 30days. Only after that can it be claimed by you.

Never pick up anything that is not yours in Cali. You are in possession of stolen property.

[RiseAgainst]

Yes, of course lol... I was simply referring to how the state sees things.

Now, in my personal and educated opinion, yes, LEO's have no more constitutional authority than any one of us. It is unfortunate that our society has fallen so far off the reservation.

Yep, I hear ya. I just remember after I resigned from LE because I couldn't stomach it anymore I did some work as AP for a large chain. It was fun and more satisfying being private, but I recall one time after I made an arrest my HR looking at me with giant eyes saying "YOU can arrest someone??" I was literally stunned, people don't even realize that the power of arrest is NOT some magical government granted authority....

[pcosmar]

Another one,
http://www.reuters.com/article/2012/03/15/entertainment-us-russellbrand-iphone-idUSBRE82E12520120315

I don't even want one,, and these stories make me not want one even more.

[AFPVet]

Yep, I hear ya. I just remember after I resigned from LE because I couldn't stomach it anymore I did some work as AP for a large chain. It was fun and more satisfying being private, but I recall one time after I made an arrest my HR looking at me with giant eyes saying "YOU can arrest someone??" I was literally stunned, people don't even realize that the power of arrest is NOT some magical government granted authority....

Hahaha, yeah, some people are surprised when they find out what they can do. The only thing I recommend is that people study the Constitution and what they are allowed to do so they don't end up violating someone's rights or falsely arrest someone.

[rockerrockstar]

That reminds me I read a story about a Neighborhood watch guy shooting a kid that was walking late at night in the neighborhood. He went to buy some drinks and skittles for him and his brother. Returned and was shot. He was black so maybe some racism there. But anyways pretty sad. The kid was a teenager. I guess the guy thought the drink in his jacket was a gun or something.

Here is the story

http://www.cbsnews.com/8301-504083_162-57398005-504083/the-trayvon-martin-case-exposes-the-realities-of-a-new-generation-of-self-defense-laws/

[Demigod]

There are apps you can use to track your children. I'm sure this is what they were using to track the phone.
My last boss required this app to be running at all times...
He would text the employees and be like "you haven't moved from in 20mins, get back to work."
Or crap like: "I see you are still at the bar, you know you got to work in 5 hours, go get some sleep."


Onto stolen property in Cali:

There is no finders keepers law in Cali, in fact it the exact opposite.
If you find property that is not yours and you take it, it is considered stolen.
If you find property that is not yours, by law, you must turn it into the local police.
They will hold it for 30days. Only after that can it be claimed by you.

Never pick up anything that is not yours in Cali. You are in possession of stolen property.

I think that you should quit your job and move as far as you can because your boss is clearly has mental issues

[aGameOfThrones]

Onto stolen property in Cali:

There is no finders keepers law in Cali, in fact it the exact opposite.
If you find property that is not yours and you take it, it is considered stolen.
If you find property that is not yours, by law, you must turn it into the local police.
They will hold it for 30days. Only after that can it be claimed by you.

Never pick up anything that is not yours in Cali. You are in possession of stolen property.

Teen Turns In Lost $2,000, City of Dallas TX Keeps It (http://www.ronpaulforums.com/showthread.php?292739-Teen-Turns-In-Lost-2-000-City-of-Dallas-TX-Keeps-It&highlight=Ashley+Donaldson)

[Brian4Liberty]

If you see something laying around, notify store security/loss prevention. They have lost and found for these kind of things.

Yeah, that's probably what leads them to think it was stolen.

Yet, people are pretty stupid. A friend found a cell phone on the grass in the park and she was going to turn it in somewhere and it rang. She answered, assuming it might be the owner or someone who could contact the owner. The girl/woman on the other end immediately starting swearing at her and making all kinds of threats. After that friendly exchange, she held the phone for a month before turning it in to the phone store. ;)

[qh4dotcom]

I have a question....if an iphone is taken into a building, how would the GPS locate on what floor of the building it is located? Because I don't want cops kicking the door of my condo apartment if the neighbor below me or above me finds an Iphone.

[RiseAgainst]

I have a question....if an iphone is taken into a building, how would the GPS locate on what floor of the building it is located? Because I don't want cops kicking the door of my condo apartment if the neighbor below me or above me finds an Iphone.

They send these guys in:

http://www.cyberpunkreview.com/images/minority_report26.jpg

[pcosmar]

I have a question....if an iphone is taken into a building, how would the GPS locate on what floor of the building it is located? Because I don't want cops kicking the door of my condo apartment if the neighbor below me or above me finds an Iphone.

Soon they will have the Hellfire upgrades for their drones. They will be able to remove any threat in the building.

[KingNothing]

Well, in their defense that i-phone could have had weed or a terrist in it.

[AFPVet]

Yeah, that's probably what leads them to think it was stolen.

Yet, people are pretty stupid. A friend found a cell phone on the grass in the park and she was going to turn it in somewhere and it rang. She answered, assuming it might be the owner or someone who could contact the owner. The girl/woman on the other end immediately starting swearing at her and making all kinds of threats. After that friendly exchange, she held the phone for a month before turning it in to the phone store. ;)

Yeah lol, I don't know why people don't think of dropping things off at the lost and found or something.

[pcosmar]

Yeah lol, I don't know why people don't think of dropping things off at the lost and found or something.

I have returned a few wallets over the years.
Never again.

[heavenlyboy34]

I have returned a few wallets over the years.
Never again.+1

[helmuth_hubener]

I have returned a few wallets over the years.
Never again. I will continue doing the right thing, regardless of risk (which I see as somewhat small). Returning lost things is part of being civilized. I won't help the bad guys destroy civilization. Nor will I allow the state to completely dictate my life and choices.