A year ago, a coworker left her I phone in the break room. When she went back, it was gone. She used her find my I phone app and located her phone several miles away. The address was another coworker's apartment. The police said they could not go in and get it because there was no proof. Hence, the thief still works here.

 

A couple of weeks ago my friend's daughter, a UC College student, walked in as burglars were running out. She and her roommates were robbed of tv's computers, etc. Her laptop was an Apple, and she was able to locate the address where it was taken to via the find my apple ap. The officers did go to the address and told the boys that they knew the computer was in their house, but they could not enter the house to get it. I guess this scared them enough, because the police later found the computer in the side yard...someone threw it out the window.

 

 

 

With modern technology, why can't the police go in and get this stuff, and arrest these boys? No arrests were made in either case, though the police agreed they people involved were the thieves.

I would be surprised if the courts ruled that an officer had to have a warrant. I would think the GPS data supplied by the app would give them enough legal room to go get the phone.

 

I know there is legislation aimed at police using GPS data from cell providers to track people.

It is obviously an evolving legal precedent governing when an officer has probable cause to act.

 

It seems to me that if the officer (who would have to be tech savvy) was able to determine the Find My Device Application was working correctly that should be enough for a search warrant. Certainly seems more reliable than a confidential informant.

 

With all that said these cases are one of two things, either the legal powers that be are advising the officers the Find My Device Application is not enough to acquire a search warrant or you have some lazy police officers.

 

I am hoping someone more current than me (way long in the tooth) can weigh in on this issue?

It is obviously an evolving legal precedent governing when an officer has probable cause to act.

 

It seems to me that if the officer (who would have to be tech savvy) was able to determine the Find My Device Application was working correctly that should be enough for a search warrant. Certainly seems more reliable than a confidential informant.

 

With all that said these cases are one of two things, either the legal powers that be are advising the officers the Find My Device Application is not enough to acquire a search warrant or you have some lazy police officers.

 

I am hoping someone more current than me (way long in the tooth) can weigh in on this issue?

 

Do you always need search warrants if you have a some sort of proof? Let's say a kid said "I saw Billy steak Kenny's bike and take it behind his house." Do you need a warrant?

Do you always need search warrants if you have a some sort of proof? Let's say a kid said "I saw Billy steak Kenny's bike and take it behind his house." Do you need a warrant?

 

The situation is always specific so too hard to say.

 

With that said, lots of times when we had reliable eye witnesses, the information was timely, and circumstances were exigent we acted without a warrant. Or at least we acted to preserve the evidence while we secured a warrant.

It is obviously an evolving legal precedent governing when an officer has probable cause to act.

 

It seems to me that if the officer (who would have to be tech savvy) was able to determine the Find My Device Application was working correctly that should be enough for a search warrant. Certainly seems more reliable than a confidential informant.

 

With all that said these cases are one of two things, either the legal powers that be are advising the officers the Find My Device Application is not enough to acquire a search warrant or you have some lazy police officers.

 

I am hoping someone more current than me (way long in the tooth) can weigh in on this issue?

 

My only thought would be that proof of ownership vs unreasonable search and seizure.

Interesting that they would need a warrant to retrieve the phone. A few years back a friend of mine worked at an At&t store here in Ashland. A customer had sat their phone down on a counter and a juvenile picked it up and walked out the door while no one was looking. The police were called and used security footage to identify the suspect and then used the phones GPS to locate the suspect and the phone. I don't recall what happened to the juvenile, but the customer got her phone back within an hour.

On the other hand, if the police told me they couldn't go get my phone or tablet even though they know where it is, I'd just go get the damn thing myself, especially if it were a co-worker who stole it.

Interesting that they would need a warrant to retrieve the phone. A few years back a friend of mine worked at an At&t store here in Ashland. A customer had sat their phone down on a counter and a juvenile picked it up and walked out the door while no one was looking. The police were called and used security footage to identify the suspect and then used the phones GPS to locate the suspect and the phone. I don't recall what happened to the juvenile, but the customer got her phone back within an hour.

 

In this case they had video evidence so apples and oranges.

On the other hand, if the police told me they couldn't go get my phone or tablet even though they know where it is, I'd just go get the damn thing myself, especially if it were a co-worker who stole it.

 

Excellent way to get yourself killed or at a minimum charged with Robbery.

In this case they had video evidence so apples and oranges.

 

Gotcha.

Excellent way to get yourself killed or at a minimum charged with Robbery.

 

Robbery for stealing my phone back? I'll take my chances.

Robbery for stealing my phone back? I'll take my chances.

 

Unlawful entry into a residence to commit a crime.

 

And again, Robbery was the minimum, it may be a death sentence for you and no one would be prosecuted for your death.

Unlawful entry into a residence to commit a crime.

 

And again, Robbery was the minimum, it may be a death sentence for you and no one would be prosecuted for your death.

 

I get what your saying. But I have a way with words, I imagine in most cases the theif would gladly give me my phone back rather than further involving the police. I have retrieved property stolen from me on more than one occasion without any problems.

 

BTW, I would never unlawfully enter someones home, but if you have evidence that suggests your property is in someone's home, asking to go in and look around goes a long way. As a former police officer, I know you know that.

I get what your saying. But I have a way with words, I imagine in most cases the theif would gladly give me my phone back rather than further involving the police. I have retrieved property stolen from me on more than one occasion without any problems.

 

BTW, I would never unlawfully enter someones home, but if you have evidence that suggests your property is in someone's home, asking to go in and look around goes a long way. As a former police officer, I know you know that.

 

And in my experience if someone like you comes knocking at the door under similar circumstances one of two things happens:

 

1. They don't answer.

 

2. They answer pointing a firearm at you.

 

And as a retired police officer I know lots of things, especially the how not to do things.