Found my lost iphone and person refuses to return it

Status
Not open for further replies.

trejps

New Member
Hi

I lost my iphone 5 a couple nights ago, I either dropped it the moment I got off a friend's car or someone took it from my pocket. I realized I was phoneless the moment I got home (3 minutes later or less after being dropped off) but it was late, I figured I must've left my phone in his car and I was meeting him the next morning anyway.

The next morning I search his car and didnt find my phone so I remembered I had findmyiphone activated and logged in and saw that my phone was in a house a couple blocks from where I live.

I headed there right away and the house turned out to be rather sketchy looking.. the moment I knocked someone started playing really loud music so I had to knock for around 5 minutes until finally someone answered. It was the voice of a woman, I told her 'hi, hey I think you guys found my iphone last night, I was wondering if I can get it cause I'm on my way to work right now', she said that she knew someone living in her house had found my phone but he wasnt there so she couldnt give it to me. I got upset and told her that I was in a rush and that I had to get my phone. She refused. So I told her it was an easy procedure and I would have to call the police if she continued to refuse. She said 'go ahead, I'll be waiting for the cops'.

I called 911 and they said that since it was not an emergency, I would be transfered to another department and I would have to wait.

As I waited for some 10 minutes, a girl around 8 or 9 years old came out of the house with a backpack. She also had a big red mark on her face and I stopped her to ask her if she was okay, when I did she ran. She came back 10 minutes later and right after she did, the woman that answered through the door came out and said 'I thought you had called the cops! I'm waiting!'. I said they were on their way and we would have to wait some more, while I was telling her a neighbor that said works in a law firm got close and told her to just give it back because she may face charges for stealing property, and she said she wouldn't because I had 'an attitude'.

So 20 minutes later the cops finally arrived, the friend that gave me a ride and me had gotten carried away with a 911 call and the neighbor that we forgot to keep the findmyiphone on. By the time the police came, my phone appeared to be moving (in a car) several blocks away from the house (it appears the girl handed it to someone and came back- thats why the woman came out so confidently).

The police said they couldnt do anything about it and told me that it was just a phone and that I should let it go. All as the woman laughed from her sidewalk. When they approached her, she denied everything, she said she didnt know what I was talking about and that she didnt know anything about any phone.

We filed an investigative report for my lost phone and left. We tried following the phone but had to get back to work.

About 2 hours later, the phone appeared to be back in the woman's house. It's been there since yesterday. It's passcode protected, it's on lost mode, it has a number to call..

Last night as I was coming back home I approached a police car and convinced them to go back to the house since my phone was there. We rang the lost mode alarm and didn't hear it cause they put it in the backyard. The woman again denied everything and again the cops told me to let it go, they said that I had lost the phone and she had found it and that no crime was committed.

I headed to the police station following the advice of a friend and the officer also looked at us like we were overreacting for some fancy toy. I feel very frustrated... it's not just the fact that I paid 700 dlls for this phone and I am currently in tough financial times and really need it for work, it's the fact that someone that decides to keep found property seems to have more rights than the person that lost it and managed to locate it.

What to do? my phone is still in that house, it's working, it's being charged and it's still has all my information (protected but still).

Thank you
 
Last edited:
All you can do is work with the police. But, FindMyPhone doesn't necessarily give an accurate enough reading to give the police probable cause to obtain a search warrant for the residence - especially if it moved from there.

Have you checked it recently? Is it still active? I would think that after that close call, the suspect would be smart to have tossed it into a river somewhere.

While it is a huge hit for you and is understandably frustrating, the CA legislature in their infinite "wisdom" made this a misdemeanor (petty theft) a few years ago and as such it is a low priority for the police and the court system in CA.

And if the officer you spoke to actually said that no crime had been committed, then they need to go back to the academy for a refresher. They device was either stolen straight out (a crime per PC 488 - petty theft) or misappropriated found property (also a crime, per PC 485). But, as mentioned, these are misdemeanors and unlikely to cause anyone to pursue it too aggressively.
 
Last edited:
CdwJava, thank you so much for your reply. My phone is still active and is being charged constantly even though they can't access it. I don't know why it is still active, maybe they don't know how to remove the sim card.

I forgot to mention that this is a house but each room is rented. About some 6 people live there, that's why she initially said she couldn't get the phone for me. Also I doubt some people there have documents to live and work in the US. I don't have money to offer in exchange for my iphone but I won't deny that threatening to call ICE hasn't crossed my mind. I know it's awful but I don't know what else to do anymore.

Also the officer at the police station said that going back for a third time would be harassment. Oh and yes, they did say that no crime was committed...
 
Well, I'm sorry to say that the officers where you are sound like they are being lazy or stupid. It's NOT "harassment" to investigate a crime. And, a crime WAS committed.

You might consider going to the station and speaking to someone at the rank of sergeant or higher and explaining the situation and what you were told by the other officers.
 
They are, it's LAPD. I will go in a few minutes to the police station. Thank you so much for your advice.

Just curious by the way, if my phone is never recovered but I have proof that it was there and witnesses of the woman admitting that she had it, can we go to court? can I sue her? I'm just baffled that someone can get away just like that with her behavior and of course keeping something that does not belong to them.
 
I assume if you can prove she is keeping the phone from you/had the phone you could "try" suing in small claims court.
 
I have multiple screenshots from the hour and times we were outside her house and my phone was there. There is also the neighbor and my friend who heard her saying that she had it.

I just talked to an awesome detective. My phone is off right now but he says that when it's back on (hopefully in the next days or hours), I need to give him a call and head back there and ring it up. If the woman refuses to give it back, she's going to get arrested. He apologized for the attitude of the woman at the station's desk two nights ago and he said that it is certainly not harassment and that it is still a crime. He was very polite and sounded genuinely concerned... unlike the previous officers who kind of rolled their eyes like it was all because 'it's an iphone' (that's not even the point).
 
Status
Not open for further replies.
Back
Top