Lost iPhone 5 Update: Police 'Assisted' Apple Investigators in Search of SF Man's Home

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The bizarre saga involving a lost prototype of the iPhone 5 has taken another interesting turn. Contradicting past statements that no records exist of police involvement in the search for the lost prototype, San Francisco Police Department spokesman Lt. Troy Dangerfield now tells SF Weekly that "three or four" SFPD officers accompanied two Apple security officials in an unusual search of a Bernal Heights man's home.

Dangerfield says that, after conferring with Apple and the captain of the Ingleside police station, he has learned that plainclothes SFPD officers went with private Apple detectives to the home of Sergio Calderón, a 22-year-old resident of Bernal Heights. According to Dangerfield, the officers "did not go inside the house," but stood outside while the Apple employees scoured Calderón's home, car, and computer files for any trace of the lost iPhone 5. The phone was not found, and Calderón denies that he ever possessed it.

In an interview with SF Weekly last night, Calderón told us that six badge-wearing visitors came to his home in July to inquire about the phone. Calderón said none of them acknowledged being employed by Apple, and one of them offered him $300, and a promise that the owner of the phone would not press charges, if he would return the device.

The visitors also allegedly threatened him and his family, asking questions about their immigration status. "One of the officers is like, 'Is everyone in this house an American citizen?' They said we were all going to get into trouble," Calderón said.

One of the officers left a phone number with him, which SF Weekly traced to Anthony Colon, an investigator employed at Apple, who declined to comment when we reached him.

Reached this afternoon, Calderón confirmed that only two of the six people who came to his home actually entered the house. He said those two did not specifically state they were police officers.

However, he said he was under the impression that they were all police, since they were part of the group outside that identified themselves as SFPD officials. The two who entered the house did not disclose that they were private security officers, according to Calderón.

"When they came to my house, they said they were SFPD," Calderón said. "I thought they were SFPD. That's why I let them in." He said he would not have permitted the search if he had been aware the two people conducting it were not actually police officers.

It remains unclear whether these actions might constitute impersonation of a police officer, which in California is a misdemeanor that can bring up to a year of jail time. Apple has not responded to our requests for comment. "I don't have any indication of that. I'm not going to go there," Dangerfield said, when asked about whether the Apple detectives might have misrepresented themselves.

Dangerfield said he plans to contact Calderón to ask further questions about the incident.

At the least, the incident is sure to raise questions about the propriety of multiple SFPD officers helping private detectives conduct a search -- which was never properly recorded, per standard police operating procedure -- of somebody's home. "Apple came to us saying that they were looking for a lost item, and some plainclothes officers responded out to the house with them," Dangerfield said. "My understanding is that they stood outside." He added, "They just assisted Apple to the address."

Dangerfield said he was not aware of whether it was a San Francisco police officer or one of the Apple security officers who first knocked on Calderón's door. "Anyone has a right to keep people from their homes if they don't want them there, legally," Dangerfield said.

It is also unclear why records of SFPD officers' involvement did not emerge until now. Yesterday SFPD spokesman Officer Albie Esparza said that "we don't have any record of such an investigation going on at this point." The tech-news site CNET first reported on the lost phone prototype earlier this week.

UP NEXT: Pictures from Apple investigator Anthony Colon's LinkedIn profile and Facebook page.

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340 comments
exitor98
exitor98

It would have been funny as hell if one of them had gotten assaulted.   

find a good loan officer
find a good loan officer

 If I came to the realization today that it was time for me to buy a home, the first thing I would do is find a lender I could trust. Any time I talk with new clients or referrals, one of the first couple of questions I ask is whether they have been prequalified or preapproved by a lender.

greg hostern
greg hostern

I would not let a private investigator into my home without a warrant from police officers. They have no right to go into a home. Anyways your right akit, This whole situation is really weird.

Queentorrent
Queentorrent

Apple can you release a smartphone that works with a screen displayed on-air, instead of carrying an rectangle case. This will change current smartphone industry.

Funlush
Funlush

That’s way more cveler than I was expecting. Thanks!

Know Your Rights
Know Your Rights

First off, SFPD are idiots. Second off, Apple are idiots. Third off, those of you who agree with the myth that a victim provoking victimization on themselves are also idiots. There were at least 10 legal issues I find in this situation, including civil and human rights ALL being violated- especially the questioning of citizenship status which had no bearing on their investigation. None of this is acceptable. If you think it is, then you obviously do not know your own rights. 

William
William

I'm unclear why you're posting this individual's social networking pages in such a public forum. Two wrongs don't make a right, Mr. Jamison.

SEO Sydney
SEO Sydney

Akit!What is the this !Can you give me some details!

AM Trailers
AM Trailers

All I can say is Amazing! This blog is amazing! Did you take the shots for this blog? It is good to find someone else who appreciates things such as this. Because I am a online florist I find this type of idea very interesting.Free Classifieds

ololabear
ololabear

I think this article has the address and country WRONG b/c these types of home invasions only happen in the Soviet Union, 3rd World Countries, and South America.

Joe
Joe

If Apple does chit like this, then I'm GLAD Steve Jobs is sick. He never had a sense of humor to begin with.

Henry Hertz Hobbit
Henry Hertz Hobbit

After seeing Anthony Colon's picture, if I were in Sergio Calderón's shoes I would wonder if they weren't all St. Valentine's day type police (both SFPD and Apple).  If I was Sergio, even if Apple wanted to give me any of their products to me now as an apology I wouldn't accept it.  For the Apple advocates, please install WireShark on your Macintosh OS-X and leave only WireShark running for 24 to 48 hours. When you see the results maybe you will see where these strong arm tactics come from.  Spying on everybody is a pervasive mind-set of the Apple company. It may even have been there from the very beginning.  What a pardox given the initial ads for Macintosh back in the 80s.  Do I wan't an iPhone?  No.  What if one of those iPhone 5 prototypes fell into my hands?  I would take it out and beat it to death mercilessly with a sledge hammer. Then I would give it the same blessing the rabbi gave to the Czar in Fiddler on the Roof.  May god bless and keep that iPhone 5 far away from me.  That includes after it is released.

Kevin
Kevin

Looks like someone owes Cnet an apology.

Jim
Jim

The whole point of veiw that you have to look at ,           1. The man did not know his rights, before letting any one into your home , find out who they are , and what they want.            2. Any type of search of your home needs a search warrent , whether they keep you on the porch or they come back with one. Also I do beleive that if they have a warrent , they do have to give you a copie or at least you have to sign it saying you do give premission.             3. If you don't know who they are , pick up the phone and call the police , If armed mem are trying to get into my home, they are going to be talking to my gun if they are not legit, or talking to a real cop when I call in and tell them that armed men are trying to gain acess to my home.               4. Now that it did happen , lets find out who they were, If they were cops , than why did they show up and what was their tie to Apple . If they were only Apple Investigators , who were they and were can you're lawer contact the company and the gentalmens lawers to settle the law suit that is about to be placed on all of them , along with that police department .

Mafyapenguin94
Mafyapenguin94

The issue here is that there isn't actually a specific law that was broken. Instead, several parts of several different laws were violated. Apple employees not identifying themselves as apple employees is not illegal. But this is where it all becomes very muddied. As per the California penal code (bring it on M Jay), " any person whoOnly a police officer or somebody given the power to search by a Court (such as a Bailiff or Justice of the Peace) can search your home.willfully wears, exhibits, or uses, or who willfully makes, sells,loans, gives, or transfers to another, any badge, insignia, emblem,device, or any label, certificate, card, or writing, which falselypurports to be authorized for the use of one who by law is given theauthority of a peace officer, or which so resembles the authorizedbadge, insignia, emblem, device, label, certificate, card, or writingof a peace officer as would deceive an ordinary reasonable personinto believing that it is authorized for the use of one who by law isgiven the authority of a peace officer, is guilty of a misdemeanor..." (538d, subsection C). The key word in this section is label. The plainclothes officers identified themselves as PD. The Apple employees used that label to deceive Sergio Colderon into believing they also were also PD by NOT identifying themselves. It is also illegal for any private investigator to search your car, computer, or place of residence. Only police officers or persons given explicit power by the Court can execute such searches. That being said there is still a lot missing from both sides of the story, but the conduct, or misconduct, is alarming to say the least

Ka Boom
Ka Boom

Welcome to the United Police States of America.

The New World Order

1. The Elite (i.e. Apple.inc)2. The Enforcers (i.e. SFPD)

3. Everyone else

Rogoraeck
Rogoraeck

Ohhh......Goody,goody, I'm queuing for one. See me huddling outside the Fruit House to buy one one! You will recognize me easy I'm the one "DROOLING FROM THE MOUTH"

TODD
TODD

This entire thing is shady beyond shady. Apple, you can forget about me buying another iPhone. your company has become too corrupt.

Elspeth
Elspeth

The violation you are all searching for is "1983 civil rights violation". The police show up flashing their stinkin' badges and say "we da popo, man". We heard you gots a fine new iPhone 5 that ain't be yous".

Mr. Citizen denies such nonsense.

Well den if dat be tru we' d best search up the place and make sure

Mr. Citizen allows two "officers of the law" into his home bc they showed badges and didn't tell him that some of the people on his stoop were not cops.

This is a violation of his civil rights and actionable under federal law. And...he would win. See here there was no report a few days ago and if one later turns up it will be suspect as trying to.cover SFPDs arse.

Alls he needs is a good lawyer.

Lorili
Lorili

Since Apple seems to a a habit of 'loosing' iPhone prototypes, maybe they should put a self-destruct mechanism in them.  It wouldn't have to explode, just go 'fzzzztt' like the tape recorder in the old Mission Impossible series.  

Of course then they wouldn't get all this free publicity.

Stephen Gaines
Stephen Gaines

I just got a $829.99 iPad2 for only $103.37 and my mom got a $1499.99 HDTV for only $251.92, they are both coming with USPS tomorrow. I would be an idiot to ever pay full retail prices at places like Walmart or Bestbuy. I sold a 37" HDTV to my boss for $600 that I only paid $78.24 for. I use CentHub.cōm

Gone from SF
Gone from SF

Wish I still lived in SF.  A generator disappeared out of my garage.  If I were in SF I could use the police to search my neighbors' houses.  Imagine what else I'd learn about my neighbors!  Of course they'd probably shoot the neighbors' dogs - one is pit pull.  But then again, my net worth is about $400 K so it wouldn't work.  "Call us when you're worth more than 1/5 billion" they'd say.

300SpartansDefendingDemocracy
300SpartansDefendingDemocracy

The police can only enter your house without a warrant in  hot pursuit of a crime or they witness a crime in your home. A private individual can enter your house only to save a life:  Anything else needs a search warrant? You ask for a search warrant. If they do not have a search warrant and try to enter your house they are burglars and you shoot them in defense of your home. Your home is your castle.

TellMeAnotherOne
TellMeAnotherOne

"He [Calderón] said he would not have permitted the search if he had been aware the two people conducting it were not actually police officers."

And yet Caldron claims that one of them offered him $300 for the missing phone. Really? He thought a cop offered him $300? Smells like bullshit.

MikeRivero
MikeRivero

We went through this "Lost" phone with the iPhone 4, remember? This is just a cheap publicity stunt to get everyone talking about the iPhone 5 ahead of its launch, which means the phone itself is probably too unimpressive to allow to be reviewed on its own merits.

kgb kgbb
kgb kgbb

Why would they search his computer files for an iphone?  Guess they're taking the 'file tree' a bit too literally.

Guest
Guest

Calderon wants us to believe that he thought the cops were offering him $300 for the phone and immunity against prosecution? He needs a new story.

"Calderón said none of them acknowledged being employed by Apple, and one of them offered him $300, and a promise that the owner of the phone would not press charges, if he would return the device."

.
.

I wish Steve Job's cancer friggin' hurry up so the shitbag can finally die.

Johnf
Johnf

Steve Jobs' Apple Corp. puts the Gestapo to shame.

Kinpal
Kinpal

With each passing day I lose the last bits of trust I have in the government. I think Apple helps the government do things we really would not like (same with google, etc.). I think it foolish to trust either the government of computer companies.

BlowmeSFPD
BlowmeSFPD

They don't have a record because they did it illegally! Meanwhile, as the police were looking for a lost ipod, someone was murdered in SF. Great job asswipes!

Sydney
Sydney

Sydney: basiclly the San Francisco Police are Apple's lackeys & butt kisser.  Syd, they call Apple Master or massa! Syd, Apple employee's go to bars get drunk and forget the Apple phone prototypes.  This time it happens to be a Gay bar that the employee left it in.The sex & the alcohol was so good in the Gay bar until the employee lost the phone.

Sydney
Sydney

Bear: I think you are right it's Saudi Arabia!  Bear, they probably whipped the man's who house they searched even though the the Apple Cops & thier butt kissers the San Francisco Police  didn't find anything.  Bear, they probably give more punishment for that then they give women who drive a car.

Sydney
Sydney

Joe: I think that Steve Jobs should tell his employees not to take the phone to bars.  Maybe he can give the phone to employees who don't drink alcohol or take drug.

Joe, there should be somebody in Apple who is not an alcoholic & druggie.

M Jay
M Jay

Jim,You win the most boring post on here. There were a few that were just as boring, but yours was painful. Please retract it. Consult someone you know that is even mildly amusing and ask them to pen something with more punch. Take you time. I'll be back to review your work later. Please don't disappoint. I know that's a lot of pressure and you have chosen a profession that puts as little pressure on you as possible, but in this case, it's necessary. 

Consider changing your name also. Change it something like Jimbo, or J to the M, Jay M, or Gym, or Gin, or J Lo, orJ Medium. These are mere suggestions, the best lay just to left of this string.

M Jay Jay
M Jay Jay

Finally, a worthy opponent. We do not know if the Apple employees identified themselves or were in some way, identified before the Apple employees entered. Let's assume, I know I know how that must sound, but let's assume these are vets. Apple and the SFPD, having done this to many a citizen, especially Gizmodo type thugs, a million times, made sure they took the necessary steps and said the necessary things to cover themselves. This wasn't done on a whim and hunch, this was ok'd by legal, marketing, research, security, executive, outside counsel and a few other departments that are not public knowledge. 

Also penguin, it is not illegal for ordinary citizens to search others if given permission. You and I know that but let's not tell the others cuz they are still so very angry *sing thins part* "And I like it" (DeBarge)

We're good here. The Phone ships in September. You guys will cry a little inside when you see the numbers again. As a shareholder, I will smile, but only wryly. Then I will use the very latest gadget the Apple "Alpha"dog shipped.

  

Mafyapenguin94
Mafyapenguin94

that should say " any person who willfully wears, exhibits, or uses, or who willfully makes, sells, loans, gives, or transfers to another, any badge, insignia, emblem, device, or any label, certificate, card, or writing, which falsely purports to be authorized for the use of one who by law is given the authority of a peace officer, or which so resembles the authorized  badge, insignia, emblem, device, label, certificate, card, or writing of a peace officer as would deceive an ordinary reasonable person into believing that it is authorized for the use of one who by law isgiven the authority of a peace officer, is guilty of a misdemeanor..."

M Jay
M Jay

Just order it online. 

M Jay
M Jay

Please think about changing your mind about this. If you don't buy the next release Apple surely wil fail. Think about it, $800 less cash for Apple. How will it pay it's bills? Never mind, we found some cash is the other accounts. We'll be fine without your purchase. We only hope that there are not like, maybe, 5 million more people that can stand on the same morale ground as you have.

M Jay
M Jay

He needs more than that. Here's how it will go.

Defense Attorney of Apple (Apple - Harvard, Stanford, Partner of large firm): Did you have the iPhone in question at any time?

Mr. C: Yes. 

DAA: Did the men that searched your house at any point say they were officers of the law? Did they at any time threaten you or anyone with deportation? Did they at any time take anything from you? Did they at any time leave their card with their contact information on it indicating they were part of or associated with the SFPD?

Mr. C: No.

Judge: Case closed.

M Jay
M Jay

Your home is not your castle. If you let someone in, you let someone in. Next.

M Jay
M Jay

Go start your own country and you control the six other people that agree and obey all of your laws. 

Mafyapenguin94
Mafyapenguin94

I gotta say I'm pretty surprised at the civility of that comment. I see now the error of my ways. It wasn't the why, it was how most of these other asses were going about it. And you're totally right about the searches I was hoping I could slip that by and nobody would notice xD. 

And while legal *probably* cleared this, that doesn't necessarily make it legal. Often in cases similar to this its a fine line between "what can we get away with legally, and what do you think we can ACTUALLY get away with". But I'll probably end up buying one of these anyway. Sure Apple might have sold its collective souls to the devil, but if I could make the money they do I would have too.

M Jay Jay Jay
M Jay Jay Jay

We'll take the misdemeanor and give the guy a G5 for the trouble he went through. That is the Apple employee, not Mr. C.

Anthony M Perez
Anthony M Perez

Do us all a favor you self-appointed fail of a moderator. STFU already.

Lorili
Lorili

 That's the stupidest thing I've read in the internet all week.

M Jay
M Jay

Is it? How many things have you "heard" on the internet this week? Today is Sunday, the start of the week. That means there are six days left. Let's see if anyone can top that. Also, would you consider yourself a smart person?

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