Search warrant in stolen iphone case unsealed

[TheWart]

http://news.cnet.com/8301-13579_3-20005018-37.html

Very interesting read (the actual text of the search warrant/affidavit doc).

Here are some of the facts according to the police:

-Powell put the iphone in his bag and went to bathroom, and he speculated that perhaps the bag was knocked over and iphone fell out
-Brian Hogan is handed the iphone at some point by a drunk guy who thinks it is Hogan's
-Hogan hangs around the bar for a "little while" (his own words) to see if anyone claims it
-Hogan takes it home and shows it to a female roomate.
-Hogan and roomate turn on phone, and find out it is Powell's via facebook and linkedin
-Hogan proceeds to email endagdet, pc world, and gizmodo in an attempt to start a bidding war
-Gizmodo offers $10,000
-Hogan sells phone to Gizmodo/Chen
-Hogan's roomate is nervous about the whole affair and contacts Apple, and Apple tells the police
-Police interview Hogan's roomate, and prepare search warrant for Hogan's residence
-Hogan's roomate calls police alerting them to fact that Hogan knows of investigation and is destroying evidence

One other tidbit is that Hogan's roomate told police she tried to talk Hogan out of selling the device because it would "ruin Powell's career," but that Hogan responded by saying "He lost it, sucks for him." If true, that seems to refute the claim that he made any effort to return the phone.

I wonder if the hand wringing and cries of 'apple is using police as gestapo!?!!' will cease after reading this.

 

[Fingolfin269]

LOL what a roommate.

 

[theeedude]

Huh, the first call to police was from Apple, not Hogan's roommate. Also, if you or I lose our phones, police is not going to doing this gestapo stuff to get them back.

 

[TheWart]

Huh, the first call to police was from Apple, not Hogan's roommate. Also, if you or I lose our phones, police is not going to doing this gestapo stuff to get them back.

Hogan's roomate called Apple, who then passed her info on to the police.

Why would it be surprising that the first party to call the police was apple - the party whose property was stolen?

@Fingolfin

I know, must be awkward in that apartment now lol

 

[herkulease]

I find some of the things included to be irrelevant. What does the roomate talking and thinking he knows anything about economics has to do with it.

the guy would be thinking about the money he's getting.

I know he's an apple hater and was going "excellent" ala Mr. Burns about Apple sales falling by having the pictures put on the internet.

 

[preslove]

Hogan sounds like a scumbag. Who finds an iPhone at an upscale bar and takes it home, instead of turning in to employees?

A scumbag, that's who.

It would be one thing if it were a seedy dive, but it was a nice beer garden in palo alto, not a biker bar.

 

[zerocool84]

LOL what a roommate.

lol seriously

You either go all the way or don't go at all. This thing is just one big mess for everyone involved. It's funny to read it all.

 

[Spoooon]

Hogan sounds like a scumbag. Who finds an iPhone at an upscale bar and takes it home, instead of turning in to employees?

A scumbag, that's who.

It would be one thing if it were a seedy dive, but it was a nice beer garden in palo alto, not a biker bar.

Yeah, I don't think it would have even occurred to me to try selling it.

Now, if I found it and thought I had something cool, I would take some pictures, turn it in to apple, and see if I could get a laptop or something out of them as a thanks.

 

[JS80]

lol what a dick. and worst roommate ever.

 

[tdawg]

Seems it would have been easiest just to send the guy a message via facebook in order to return it to him. I highly doubt that Hogan tried to return it; once he realized what it is, all he saw was $ signs.

 

[CTrain]

Yeah, he had no intention of returning it.
But thanks to them, we got a story that will live in infamy.

 

[Suspicious-Teach8788]

Roommate was jealous that was all. Probably tried to blackmail him too into getting half of the money. Didn't work so called the cops.

 

[sygyzy]

You guys missed the best quote from the officer who authored the police report - that criminals engaged in buying and selling stolen goods use cell phones to do so and if you use a cell phone, you are likely such a criminal. Also if you use a cell phone, you destroy evidence on that phone.

 

[Spicedaddy]

This is so ridiculous. If I find an iPhone prototype tomorrow morning in a restaurant, I'll be doing exactly what this guy did, selling it to the highest bidder.

Not under NDA + didn't break the law to obtain the object in question = tough luck for Steve-O.

 

[TheWart]

You guys missed the best quote from the officer who authored the police report - that criminals engaged in buying and selling stolen goods use cell phones to do so and if you use a cell phone, you are likely such a criminal. Also if you use a cell phone, you destroy evidence on that phone.

I believe the officer said the phones can be used in criminal activity and that because text message history and call logs can be erased, it is important to examine them before the suspect does so. Sounds reasonable enough to me.

This is so ridiculous. If I find an iPhone prototype tomorrow morning in a restaurant, I'll be doing exactly what this guy did, selling it to the highest bidder.

Not under NDA + didn't break the law to obtain the object in question = tough luck for Steve-O.

I think the point is that under CA law you have to try and return the item and are not allowed to sell it for money. It is not a matter of signing an NDA. Good to know that you would an asshole like Hogan though and not make an effort to return the phone to its owner.

 

[Spicedaddy]

No wonder California's broke, wasting tax payers' money for this stupid crap.

So the guy will be charged with first degree "Failure to try and return the lost cellular telephone"? What a joke.

But keep talking about it, this has nothing to do with Apple making publicity for itself...

 

[CurseTheSky]

...So, if, on the odd chance, this guy goes to jail and subsequently tries to break out... will Apple send an update to the court to try to keep him in?

...

 

[TheWart]

...So, if, on the odd chance, this guy goes to jail and subsequently tries to break out... will Apple send an update to the court to try to keep him in?

...

I'll admit, I had to read that twice to get it. lol