lost_iphone
Junior Member
What is the name of your state (only U.S. law)?
California
Sunday night, I went shopping with my girlfriend for supplies at my local Home Depot in El Monte, CA towards the end of their closing hours before 9 PM. I had finished paying at the register number 6 at 8:51 PM and parked my electrical shopping cart by the vending machines, which is where I had mistakenly left my phone (I know, dumb mistake). This was a iPhone 6s Plus 128gb rose gold model with a tempered glass protector installed and the white Apple silicone case.
When I got into my car, my girlfriend asked if I had my phone. This is when I found out I had left it behind. I ran back into the store and asked the assistant manager if anyone had turned in a lost iPhone. He said no and asked his employees if they have seen it, which they all denied.
My girlfriend and I began tracking the phone using find my friends and as we were refreshing the app, we noticed that the phone was moving throughout the store. We called it multiple times during this chase, but there was no answer. While refreshing the app, my girlfriend and I noticed my phone was moved out into the parking lot. We ran out and within moments, the phone was already driven out a couple blocks down before the thief had finally turned off my device.
The manager informed me he asked the employee who moved the shopping cart I was using if she saw a phone, which she denied before she left. He apologized profusely and informed me that they would be checking the cameras the next morning. The El Monte Police Department non-emergency phone lobby and line were already closed by 9:15 PM, so I went home, turned on lost mode on my device and in the message I stated that the Home Depot cameras are being checked and that the police are being notified. I was hoping the thief would turn it on sometime if they weren't savvy enough so that I would get the location of their address, but it seems that it's either been off since Sunday night, or that they have removed my sim card so that it would not connect to a network.
Fast forward to Monday and after making a few phone calls to this particular Home Depot location, their lost prevention department informed me that they did in fact see an employee driving the electrical cart back to where it belonged with my phone physically inside of it, but they were unable to see on camera if this employee had actually pocketed it. I called Home Depot's corporate customer service number, where a helpful representative documented all of these details and helped to reach out to the store himself. When he returned to the phone with me, he told me that the particular associate that drove the electrical cart with my phone is not scheduled to work until tomorrow and that I would have to contact the store's manager after the interview is completed. I have my receipt from T-Mobile that shows I paid $1035.49 for my device. I believe this is classified as grand theft under California law which can be a felony.
After work on Monday, I went to the El Monte Police Department where they weren't of much help. I spoke to a cadet and officer, explained all the details to them and asked to file a report. They told me that there isn't anything that can be done and said that what happened is not theft, but abandoned property due to the fact that I left the phone behind and was no longer in the vicinity when the phone was retrieved by somebody else. I explained that this wasn't the case as I was actively tracking the phone down within Home Depot for at least 5 minutes using the Find My Friends app, called the phone multiple times while it was being moved, and placed a message on the lock screen with my girlfriend's number and to contact us while we were still in the store. They simply shrugged and said well, we will give you a case number and let us know if the thief ever turns the phone on to send you their location. I did not see the cadet fill any forms other than jotting a few notes down onto a post-it before sending me off.
Today at 6:45 PM, I received a phone call from the manager at Home Depot telling me the interview has been completed and that the employee confessed to taking the phone. They informed me that she said she has sold the phone on OfferUp. I told him that I was heading straight to the EMPD and that I was going to try to bring an officer with me to obtain a report.
I spoke with a different officer at the station this afternoon. I explained all the details once again and that this time I had a confession. However.. he gave me the entire talk again about how I technically "abandoned" the phone. He said that due to the fact that I left the phone behind and left into the parking lot, what had happened was that she discovered the phone and did not "steal" it. I interjected that this should actually be a misappropriation of lost property and he replied telling me to be careful about how I phrase things. Following that, I remarked that any person who discovers lost property that may belong to somebody else has a due diligence in at least making a reasonable attempt in locating it's owner. He asked if I knew how much of a gray area that was. Finally, he refused to send an officer to accompany me to obtain her information or to take a report. I said I would need some sort of police documentation to present to a small claims judge and he said the EMPD card with my case number is all he would be able to provide.
After sending me off, I headed to the Home Depot to obtain the girl's information. Upon arriving, they told me she had been terminated and that legally, they could not detain her. They also said legally, they can only release any of the girl's information to the police. Subsequently, I called the EMPD and explained the situation to the operator who sent a detective over this time. The detective arrived half an hour later and met with the manager and myself. The manager explained that loss prevention was gone and that they are the only ones with access to the interview statement and security footage. I was instructed to return tomorrow with a different officer so that Home Depot can provide them with all the information that I need.
I'm not having it that the police are telling me that finders, keepers is the law. Upon further research, I see that common law distinguishes abandonment of property from mislaid property. Mislaid property is property intentionally left in a location where it's true owner forgets to retrieve it. Abandonment of property is any personal property left by it's owner who intentionally relinquishes all rights to it's control. Am I onto something here or is this still a "gray area" that won't help me? Also, would have a case in a small claims court based on all the evidence that I am to receive tomorrow?
California
Sunday night, I went shopping with my girlfriend for supplies at my local Home Depot in El Monte, CA towards the end of their closing hours before 9 PM. I had finished paying at the register number 6 at 8:51 PM and parked my electrical shopping cart by the vending machines, which is where I had mistakenly left my phone (I know, dumb mistake). This was a iPhone 6s Plus 128gb rose gold model with a tempered glass protector installed and the white Apple silicone case.
When I got into my car, my girlfriend asked if I had my phone. This is when I found out I had left it behind. I ran back into the store and asked the assistant manager if anyone had turned in a lost iPhone. He said no and asked his employees if they have seen it, which they all denied.
My girlfriend and I began tracking the phone using find my friends and as we were refreshing the app, we noticed that the phone was moving throughout the store. We called it multiple times during this chase, but there was no answer. While refreshing the app, my girlfriend and I noticed my phone was moved out into the parking lot. We ran out and within moments, the phone was already driven out a couple blocks down before the thief had finally turned off my device.
The manager informed me he asked the employee who moved the shopping cart I was using if she saw a phone, which she denied before she left. He apologized profusely and informed me that they would be checking the cameras the next morning. The El Monte Police Department non-emergency phone lobby and line were already closed by 9:15 PM, so I went home, turned on lost mode on my device and in the message I stated that the Home Depot cameras are being checked and that the police are being notified. I was hoping the thief would turn it on sometime if they weren't savvy enough so that I would get the location of their address, but it seems that it's either been off since Sunday night, or that they have removed my sim card so that it would not connect to a network.
Fast forward to Monday and after making a few phone calls to this particular Home Depot location, their lost prevention department informed me that they did in fact see an employee driving the electrical cart back to where it belonged with my phone physically inside of it, but they were unable to see on camera if this employee had actually pocketed it. I called Home Depot's corporate customer service number, where a helpful representative documented all of these details and helped to reach out to the store himself. When he returned to the phone with me, he told me that the particular associate that drove the electrical cart with my phone is not scheduled to work until tomorrow and that I would have to contact the store's manager after the interview is completed. I have my receipt from T-Mobile that shows I paid $1035.49 for my device. I believe this is classified as grand theft under California law which can be a felony.
After work on Monday, I went to the El Monte Police Department where they weren't of much help. I spoke to a cadet and officer, explained all the details to them and asked to file a report. They told me that there isn't anything that can be done and said that what happened is not theft, but abandoned property due to the fact that I left the phone behind and was no longer in the vicinity when the phone was retrieved by somebody else. I explained that this wasn't the case as I was actively tracking the phone down within Home Depot for at least 5 minutes using the Find My Friends app, called the phone multiple times while it was being moved, and placed a message on the lock screen with my girlfriend's number and to contact us while we were still in the store. They simply shrugged and said well, we will give you a case number and let us know if the thief ever turns the phone on to send you their location. I did not see the cadet fill any forms other than jotting a few notes down onto a post-it before sending me off.
Today at 6:45 PM, I received a phone call from the manager at Home Depot telling me the interview has been completed and that the employee confessed to taking the phone. They informed me that she said she has sold the phone on OfferUp. I told him that I was heading straight to the EMPD and that I was going to try to bring an officer with me to obtain a report.
I spoke with a different officer at the station this afternoon. I explained all the details once again and that this time I had a confession. However.. he gave me the entire talk again about how I technically "abandoned" the phone. He said that due to the fact that I left the phone behind and left into the parking lot, what had happened was that she discovered the phone and did not "steal" it. I interjected that this should actually be a misappropriation of lost property and he replied telling me to be careful about how I phrase things. Following that, I remarked that any person who discovers lost property that may belong to somebody else has a due diligence in at least making a reasonable attempt in locating it's owner. He asked if I knew how much of a gray area that was. Finally, he refused to send an officer to accompany me to obtain her information or to take a report. I said I would need some sort of police documentation to present to a small claims judge and he said the EMPD card with my case number is all he would be able to provide.
After sending me off, I headed to the Home Depot to obtain the girl's information. Upon arriving, they told me she had been terminated and that legally, they could not detain her. They also said legally, they can only release any of the girl's information to the police. Subsequently, I called the EMPD and explained the situation to the operator who sent a detective over this time. The detective arrived half an hour later and met with the manager and myself. The manager explained that loss prevention was gone and that they are the only ones with access to the interview statement and security footage. I was instructed to return tomorrow with a different officer so that Home Depot can provide them with all the information that I need.
I'm not having it that the police are telling me that finders, keepers is the law. Upon further research, I see that common law distinguishes abandonment of property from mislaid property. Mislaid property is property intentionally left in a location where it's true owner forgets to retrieve it. Abandonment of property is any personal property left by it's owner who intentionally relinquishes all rights to it's control. Am I onto something here or is this still a "gray area" that won't help me? Also, would have a case in a small claims court based on all the evidence that I am to receive tomorrow?