Apple contacts man whose home was searched by employees over missing iPhone prototype

“A San Francisco man whose home was searched by Apple security officials hunting for a missing, unreleased iPhone is in discussions with the computer maker, his attorney said,” Declan McCullagh and Greg Sandoval report for CNET.

“Two Apple employees claimed they had traced the errant device to the residence of Sergio Calderon, 22, and then visited his house with four plainclothes officers from the San Francisco Police Department in late July,” McCullagh and Sandoval report. “Calderon, who has said he was led to believe everyone who entered the house was a police officer, has hired attorney David Monroe.”

“Police have said a two-man Apple security team searched Calderon’s home and did not recover the phone,” McCullagh and Sandoval report. Monroe said police facilitated the search by telling Calderon they would obtain a search warrant if he didn’t submit to a search. Monroe said he believes police acted improperly by not identifying the Apple employees.”

Read more in the full article here.

29 Comments

      1. It doesn’t make him a crook, but it doesn’t make him not a crook either. All it proves is that the missing iPhone wasn’t found in his house. Anyone who jumps to the conclusion that he is either guilty or not guilty is just blowing smoke. People love to talk, especially when they have no idea what they’re talking about.

  1. Monroe said police facilitated the search by telling Calderon they would obtain a search warrant if he didn’t submit to a search.

    Here’s a problem. A search warrant would have not allowed apple to be on scene.. Only police.

    He may be a crook, but he may win on an error.

  2. I’m very pro-Apple, and even more pro-police, but I’m extremely uncomfortable with how this home search allegedly went down. Home searches aren’t a slight infringement on liberty, they are a massive intrusion, and should only be performed within the strictest guidelines and according to due process.

    I don’t believe these strict guidelines were followed, if the facts as we know them are true. Police should be the only ones searching a private citizen’s home. If other people were there (Apple employees), they should have been clearly identified before the guy made the decision to invited them in.

    Further, what were the police thinking by allowing civilians to participate in a home search? Isn’t that a potentially dangerous situation? And if one of the Apple employees had found something, wouldn’t the chain of evidence be disputable? And is anyone else uncomfortable with the apparent relationship between a large corporation and the police?

    I for one support this guy pushing back on this really fishy incident, if for no other reason than to fight the precedence of future corporate-initiated home searches, which represent a direct attack on our liberty.

    1. This is exactly the kind of police behavior that is modeled on countless “police procedural” tv shows every night of the week. The cops are always “good guys” who basically do whatever they can get away with to catch “bad guys”. Some people might call this brain-washing with sugar on top.

      1. Plenty of blame to go around. Just because they were enabled by those with authority, doesn’t mean they should have done it, or even legally had the right to do it.

        Allegedly, of course.

  3. Deus Ex Technica:

    You’re bang on. Screw Apple here. I *heard* that Apple used bullying tactics, like threatening him with immigration related things. And you’re right, the Police would have to explain why they allowed civilians to search a home. Surely any evidence they found would be disputable (they could have planted it there, especially sine they didn’t identify themselves!). It doesn’t make sense, other than stupid Police Officers going along with Apple not knowing any better.

    I just last week had my MacBook Pro stolen. A few days ago, I got an Email from Find my iPhone saying it was located. Obviously, they didn’t wipe my hard drive. It was only 5 blocks from where I was, in an apartment building. I called the local police where I had reported it stolen and there was nothing they could do because 1) it was in an apartment building, and they aren’t able to search every apartment, socially without a warrant 2) They didn’t have a warrant.

    It sucked, but I agree. I don’t want to be searched without a warrant either, and don’t expect Police, or civilians like me, to ransack a home or building over a computer.

    Get the proper paperwork in order, and do things according to law. I hope Apple gets railed over this.

  4. Apple and the police were WAY out of line. This guy should rake Apple and the city over the coals. If this went to trial and I was on the jury I’d award him the maximum allowed.

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