Stolen iPhone 4, but I know who has it...

Mentor

Stolen iPhone 4, but I know who has it...

[ Edited ]

My iPhone 4 was stolen out of my gym locker on October 4th. On a hunch, I decided to text my TextNow number on November 22nd, and I got a reply. I figured it was probably some teenage punk, so I said I was an attractive girl looking for a boyfriend. Smiley Very Happy The guy gave me his full name, school, and FaceBook instantly. I went on his FaceBook, and I found a picture of him holding my iPhone 4! I am in the process of filing a police report, but I was wondering if the police will have enough evidence to go to the guy's house and get my phone back. The thing is, I don't think the guy that has my iPhone 4 is the one who stole it. Most likely he bought it from whoever stole it.

Message 1 of 59 (3,420 Views)
ACE - Professor

Re: Stolen iPhone 4, but I know who has it...

[ Edited ]

 


wickedsurf wrote:

Cops won't search the house for a $300 iphone.  Anything under $500 isn't a felony its a misdemeanor


The iPhone's value isn't the subsidised price, its the full no-contract price. So you betach, over $500.

 

*The views and opinions expressed on this forum are purely my own. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party.
Message 16 of 59 (2,275 Views)
Mentor

Re: Stolen iPhone 4, but I know who has it...

 


BrianfromNO wrote:

Did you have the phone deactivated in that two months, or did you continue paying the bill while someone else used it?  You do realize you are responsible for any charges incurred while the phone is active but not in your possession, correct?  If whoever had the phone is still using your number and decides to call Taiwan 24x7, YOU are responsible for the bill until you report the phone lost/stolen.

 

Remind the police officer what the full retail value of the phone is, and that in many jurisdictions that's enough for a grand theft or grand larceny charge.

 

AT&T's not going to do anything but deactivate your SIM if you report the phone lost/stolen.  Whoever has it can reactivate it with a new SIM.

 

 


Yeah, the phone was deactivated immediately. The thief was using one of my free texting programs (TextNow) to text people, and that's how I was able to contact him. I called AT&T, and they said my iPhone's IMEI number hasn't been registered to another SIM card, so I guess the thief is only using it on Wi-Fi.

 

Message 17 of 59 (2,263 Views)
Mentor

Re: Stolen iPhone 4, but I know who has it...

 


johninsj wrote:

 


wickedsurf wrote:

Cops won't search the house for a $300 iphone.  Anything under $500 isn't a felony its a misdemeanor


The iPhone's value isn't the subsidised price, its the full no-contract price. So you betach, over $500.

 


The police officer said they go by the price you paid. I paid $200.

 

Message 18 of 59 (2,261 Views)
ACE - Professor

Re: Stolen iPhone 4, but I know who has it...

 


Carmaster wrote:

 


johninsj wrote:

 


wickedsurf wrote:

Cops won't search the house for a $300 iphone.  Anything under $500 isn't a felony its a misdemeanor


The iPhone's value isn't the subsidised price, its the full no-contract price. So you betach, over $500.

 


The police officer said they go by the price you paid. I paid $200.

 


What's the replacement cost from AT&T. You should tell him that. That's what the STOLEN phone is worth.

 

*The views and opinions expressed on this forum are purely my own. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party.
Message 19 of 59 (2,245 Views)
Mentor

Re: Stolen iPhone 4, but I know who has it...

 


johninsj wrote:

 


Carmaster wrote:

 


johninsj wrote:

 


wickedsurf wrote:

Cops won't search the house for a $300 iphone.  Anything under $500 isn't a felony its a misdemeanor


The iPhone's value isn't the subsidised price, its the full no-contract price. So you betach, over $500.

 


The police officer said they go by the price you paid. I paid $200.

 


What's the replacement cost from AT&T. You should tell him that. That's what the STOLEN phone is worth.

 


I'll make sure to do that. Hopefully it'll make them take it more seriously.

 

Message 20 of 59 (2,234 Views)
Mentor

Re: Stolen iPhone 4, but I know who has it...

I dont think replacement costs work like that, he paid $200 dollars therefore the value of what he lost was $200.  iPhone is not a commodity nor does it depreciate (although you could argue non new iPhone is depreciated but this would mean it is worth less than $200 not more), regardless even if it wasn't a misdemeanor and was a felony, the police won't have probable cause to search someones house because there is a picture of him holding your aledged phone, to the police it could be any of the millions of the iphones sold.

 

If you can get a hold of the phone and prove its yours i'd say do it, i doubt the police will be able to help you much, no offense but they probably have bigger fish to fry.  That sucks your phone was stolen, i do hope you find a way to get it back, even if it means meeting the kid by the monkey bars after school Smiley Happy

Message 21 of 59 (2,189 Views)
Master

Re: Stolen iPhone 4, but I know who has it...

I don't think you know what you're talking about.  The retail value, and replacement value of the phone, are $5-600.  Just because someone purchased something at a discount doesn't negate its retail or replacement value.

 

It is unlikely the police will do much, but it's worth a shot to press the issue if the OP has the name and address of the alleged possessor of the phone in a text message from the OP's number.

Message 22 of 59 (2,143 Views)
Master

Re: Stolen iPhone 4, but I know who has it...


BrianfromNO wrote:

I don't think you know what you're talking about.  The retail value, and replacement value of the phone, are $5-600.  Just because someone purchased something at a discount doesn't negate its retail or replacement value.

 

It is unlikely the police will do much, but it's worth a shot to press the issue if the OP has the name and address of the alleged possessor of the phone in a text message from the OP's number.


Right. If you were to sell the phone on eBay and such, it would bring in a large sum of money.

 

Carmaster: Great thinking of you to pretend that you were an "attractive girl" in order to track down the iPhone. Smiley Very Happy Don't lose hope, and keep trying. Keep the file with the authorities active, and don't give up. Surely, somebody will do something about it if you keep up your hard work.

 

Good luck, and keep us updated.

Cat Happy Remember that Wild Banchi... 1993-2010 Cat Happy



Message 23 of 59 (2,094 Views)
Professor

Re: Stolen iPhone 4, but I know who has it...

[ Edited ]

It's weird that the police say that the value of the phone is $200.00.  When I worked in retail and we caught a shoplifter, the police said that customers buy on sale, but thieves steal at full price.  Felony thresholds vary by state, but I would think that full price would always be used in calculating the amount of the items stolen.

Message 24 of 59 (2,068 Views)
Mentor

Re: Stolen iPhone 4, but I know who has it...

 


Wild Banchi wrote:

BrianfromNO wrote:

I don't think you know what you're talking about.  The retail value, and replacement value of the phone, are $5-600.  Just because someone purchased something at a discount doesn't negate its retail or replacement value.

 

It is unlikely the police will do much, but it's worth a shot to press the issue if the OP has the name and address of the alleged possessor of the phone in a text message from the OP's number.


Right. If you were to sell the phone on eBay and such, it would bring in a large sum of money.

 

Carmaster: Great thinking of you to pretend that you were an "attractive girl" in order to track down the iPhone. Smiley Very Happy Don't lose hope, and keep trying. Keep the file with the authorities active, and don't give up. Surely, somebody will do something about it if you keep up your hard work.

 

Good luck, and keep us updated.


Thanks for the kind words. I'll make sure to keep you guys updated. I can't wait until my posts say, "Posted for an Apple iPhone 4" again. Smiley Very Happy

 

Message 25 of 59 (2,066 Views)
Guru

Re: Stolen iPhone 4, but I know who has it...

[ Edited ]

The cop is just wrong. I am a lawyer with 20 years experience and have done criminal law.

 

You paid $200 plus a two year contract for the phone.  This isn't depreciating the value of used property, it is subsidized versus non-subsidized pricing.  Replacement costs go.  What state are you in, I'll find a case and post it? 

Message 26 of 59 (2,026 Views)
Mentor

Re: Stolen iPhone 4, but I know who has it...

^ Thanks, I'm in Georgia.

Message 27 of 59 (2,019 Views)
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Guru

Re: Stolen iPhone 4, but I know who has it...

[ Edited ]

Georgia uses the "fair market value" test.  Here are a couple of quotes:

 

  • In the case at bar, the trial court correctly charged the jury that the state was required to prove the "fair market value of the property at the time of the taking." The trial court went on to define "fair market value" for the jury. Thus, the jury was given proper guidelines for determining value, and this enumeration of error lacks merit. Perdue v Georgia, 685 SE2d 489, 491–92 (Ga Ct App 2009);

  • The proper measure of value in a theft by receiving stolen property case is the fair cash market value either at the time and place of the theft or at any time during the receipt or concealment of the property.  And, the testimony of the owner as to the value of the stolen items based upon his experience in buying them, coupled with the jury's awareness of the value of everyday objects, is sufficient to allow the jury to consider such opinion evidence and make reasonable deductions exercising their own knowledge and ideas.FN3 Here, the state produced evidence that the property in question was worth over $500 both at the time it was taken and at the time Price possessed it. While the jewelry was balled up and smelled badly when it was recovered, a mere washing enabled the jewelry to be worth over $500. Price's argument lacks merit. Price v Georgia, 642 SE2d 191, 193 (Ga Ct App 2007).

  • "The cost of the property to the owner, although relevant on the question of value, is not the ultimate determinant."Rather, the proper measure of value under OCGA § 16-8-12 "is the fair cash market value either at the time and place of the theft or at any time during the receipt or concealment of the property." "But it is also true that the cost price, if coupled with other evidence, may be admitted as an element upon which an opinion may be formed as to the item's value." (Citation and punctuation) And the "testimony of the owner of the value of stolen items based upon his experience in buying them, coupled with the jury's awareness of the value of 'everyday objects,' is sufficient to allow the jury to consider such opinion evidence and make reasonable deductions exercising their own knowledge and ideas."  Campbell v Georgia, 619 SE2d 720, 723 (Ga Ct App 2005) (international citations omitted).

Download the asking price for three or four imilarly used iPhone from Craig's List.  I think that would be the appropriate unit.  Understand that I am a Michigan lawyer (not a Georgia one), but my read of your law is that possession of stolen property over $500 is a felony.  Campbell v Georgia, 619 SE2d 720 (Ga Ct App 2005). 

 

Again, I think your cop needs a refresher. 

Message 28 of 59 (1,999 Views)
Tutor

Re: Stolen iPhone 4, but I know who has it...

[ Edited ]

No offense, and I hope you're joking, but you (please be courteous) Yeah, let's not break in and search for the phone. THOUGH, I must say I like the new feature for finding your iphone and erasing the data on it with the new os update.

Message 29 of 59 (1,990 Views)
Guru

Re: Stolen iPhone 4, but I know who has it...

The other thing worth mentioning is that if the locker was broken into, that might elevate the offense as well. In Michigan, that is an independent felony.
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