Iphone misplaced then found by thief.

[FrankJr]

What is the name of your state (only U.S. law)? Oklahoma

Two weeks ago, my 16 yr old daughter was in a WalMart when she accidentally dropped her iPhone without being aware. She usually has it on her pretty good, but somehow fell out of her pocket, and this being the only time she's ever misplaced it in over a year. She went ahead and the phone deactivated.

Just recently, a friend of hers says that he noticed a 17 year boy carrying an iPhone that he knows good and well that wasn't his. He went ahead and snuck it out from under him, and met my daughter. She called AT&T and they matched up the serial numbers and it was hers! This 17 year old has been known to steal things from what we've heard. He even went as far to post on Facebook and asked how to jailbreak an iPhone, during the time her phone was missing. Well, she got it back, the videos/photos are missing, as well as all of her contacts and apps.

My question would be, should I go ahead and press charges against this 17 year old for knowingly keeping property that wasn't his, and the fact that he was purposefully never going to find the rightful owner, and keep it for himself? Not sure what to do. He does need to be taught a lesson and again, he continually does this stuff from what we hear.

Thanks,
FrankJr

 

[RRevak]

What is the name of your state (only U.S. law)? Oklahoma

Two weeks ago, my 16 yr old daughter was in a WalMart when she accidentally dropped her iPhone without being aware. She usually has it on her pretty good, but somehow fell out of her pocket, and this being the only time she's ever misplaced it in over a year. She went ahead and the phone deactivated.

Just recently, a friend of hers says that he noticed a 17 year boy carrying an iPhone that he knows good and well that wasn't his. He went ahead and snuck it out from under him, and met my daughter. She called AT&T and they matched up the serial numbers and it was hers! This 17 year old has been known to steal things from what we've heard. He even went as far to post on Facebook and asked how to jailbreak an iPhone, during the time her phone was missing. Well, she got it back, the videos/photos are missing, as well as all of her contacts and apps.

My question would be, should I go ahead and press charges against this 17 year old for knowingly keeping property that wasn't his, and the fact that he was purposefully never going to find the rightful owner, and keep it for himself? Not sure what to do. He does need to be taught a lesson and again, he continually does this stuff from what we hear.

Thanks,
FrankJr

Technically this boy didnt "steal' anything. He was simply lucky enough to have a magic IPhone fairy drop one at his feet in a wal-mart compliments of your daughter. As to you pressing charges, last time I checked being dishonest wasn't illegal so there aren't any charges to press.

 

[Ohiogal]

But the friend who "snuck" the phone? HE did steal it. Congrats. Your child is friends with a thief.

 

[RRevak]

But the friend who "snuck" the phone? HE did steal it. Congrats. Your child is friends with a thief.

Exactly

 

[FrankJr]

Technically this boy didnt "steal' anything. He was simply lucky enough to have a magic IPhone fairy drop one at his feet in a wal-mart compliments of your daughter. As to you pressing charges, last time I checked being dishonest wasn't illegal so there aren't any charges to press.

Thanks. I read a few other instances where people were pressing charges basically over the same instance (found a phone, kept it, didn't bother to try to return it) and was just curious. Thanks again!

 

[FrankJr]

But the friend who "snuck" the phone? HE did steal it. Congrats. Your child is friends with a thief.

Turned out to be my daughter's phone, so he was helping obtain property that was rightfully hers. He was helping her out and it paid off.

 

[Zigner]

Turned out to be my daughter's phone, so he was helping obtain property that was rightfully hers. He was helping her out and it paid off.

The legal reality is that he stole the phone from the guy. Not a judgment, just a statement of fact.

 

[Zigner]

Thanks. I read a few other instances where people were pressing charges basically over the same instance (found a phone, kept it, didn't bother to try to return it) and was just curious. Thanks again!

The problem is that the person you are accusing of stealing the phone wasn't in possession of the phone when your daughter recovered it, was he?

 

[FrankJr]

The problem is that the person you are accusing of stealing the phone wasn't in possession of the phone when your daughter recovered it, was he?

Not exactly. Her friend called her from the accuser's house and said he has an Iphone (which he didn't believe was his for whatever reason). She asked him if he thought it was hers, and he believed it was. He grabbed it, called her, met her somewhere. She called AT&T, confirmed the serial #, and kept it. So basically, he did have possession of it, for about 2 weeks. They even showed me his Facebook page, where he was making posts all of a sudden via an Iphone last week, and previously posted prior to that "does anyone know how to jailbreak an Iphone" just over a week ago.

 

[Zigner]

Not exactly. Her friend called her from the accuser's house and said he has an Iphone (which he didn't believe was his for whatever reason). She asked him if he thought it was hers, and he believed it was. He grabbed it, called her, met her somewhere. She called AT&T, confirmed the serial #, and kept it. So basically, he did have possession of it, for about 2 weeks. They even showed me his Facebook page, where he was making posts all of a sudden via an Iphone last week, and previously posted prior to that "does anyone know how to jailbreak an Iphone" just over a week ago.

When your daughter got the phone back, she got it from her friend. Get it?

 

[justalayman]

so far, you have no idea how this kid you are accusing of stealing the phone got the phone. If he found it, it is likely (haven't researched it in OK) he was likely required to turn it in to the police or the store it was found in. If he was the one that found the phone and didn't do that, then yes, he probably committed a crime.

The problem: what proof do you have he found the phone? Maybe he bought if from somebody. Without proof, all you have is he had your daughters phone.

Then, to your daughters friend; he stole a phone. Even if he was certain it was your daughters phone, he still stole it because it wasn't his phone. That's why we have the police. They investigate crimes and follow leads hopefully to solve the crime.

 

[FrankJr]

When your daughter got the phone back, she got it from her friend. Get it?

The boy who had the phone, if confronted my me or my daughter, (knowing his past) will probably not give up the phone so easily, so this seemed to be a good thing.

Based on the feedback I've received here, it appears that her friend taking it from him, saved this boy from facing the police.

 

[Zigner]

The boy who had the phone, if confronted my me or my daughter, (knowing his past) will probably not give up the phone so easily, so this seemed to be a good thing.

Based on the feedback I've received here, it appears that her friend taking it from him, saved this boy from facing the police.

Yes.

I am not saying that I disagree with what happened from a moral standpoint...but legally, it wasn't done the proper way.

 

[FrankJr]

so far, you have no idea how this kid you are accusing of stealing the phone got the phone. If he found it, it is likely (haven't researched it in OK) he was likely required to turn it in to the police or the store it was found in. If he was the one that found the phone and didn't do that, then yes, he probably committed a crime.

The problem: what proof do you have he found the phone? Maybe he bought if from somebody. Without proof, all you have is he had your daughters phone.

Then, to your daughters friend; he stole a phone. Even if he was certain it was your daughters phone, he still stole it because it wasn't his phone. That's why we have the police. They investigate crimes and follow leads hopefully to solve the crime.

If she misplaced it on a Saturday night, and AT&T calls us, letting know that someone else tried to activate it Monday, then he posts on Facebook the next day (Tuesday) that he's trying to jailbreak it, it seems to be the same cat. Not to mention, he's been posting to Facebook everyday (via Iphone) since the Tuesday he mentioned trying to jailbreak it.

 

[Zigner]

If she misplaced it on a Saturday night, and AT&T calls us, letting know that someone else tried to activate it Monday, then he posts on Facebook the next day (Tuesday) that he's trying to jailbreak it, it seems to be the same cat. Not to mention, he's been posting to Facebook everyday (via Iphone) since being relieved of it.

Yes, we get it. No need to keep saying the same thing over and over again, which is why I'm not going to repeat what you've already been told.