So it's offical that police raided Chen because Apple asked them to? I'm entirely unsurprised. Why's that? It's because
Chen's perfectly innocent of any crime, and I'd bet you all that the District Attorney, county judge, and police chief ALL recognized this. Hence, they didn't bother wasting time with what would be a dead-end investigation, but they felt compelled when someone (namely, Steve Jobs) raised a fuss.
Unlike 99.999999% of those paying attention to the case (and likely the entirety of Apple, Inc. too) I actually
went and LOOKED at California law. Specifically, the applicable piece is section 485 (and 487a, to a lesser extent) of California Penal Code. This is what defines larceny as a crime. (California groups all such actions under two charges, being "theft" for misdemeanors, and "grand theft" for felonies)
However, section 485 EXPLICITLY states, as I will provide for everyone's benefit: "
One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft." (emphasis mine)
Now, HOW did the story go? If memory serves, the first thing the 'finder' did was
attempt to contact Apple about it. Bingo, right there, FIRST THING, what would be every reasonable and just effort: they contacted the original owner directly. And what did Apple do? Quite naturally, they
blew the guy off. A representative of Apple had basically
just told him it wasn't Apple's phone. So right there: the finder had done really all they could do. Legally, he could now dispose of the phone as he wished, and not be guilty of theft.
Legally, the phone hence could no longer be considered "stolen".
Hence, as the finder was absolved of their obligation to make 'reasonable and just efforts' to restore the property to Apple, they legally were allowed to sell it. Similarly, as it hence wasn't stolen, Gizmodo is legally in the clear for purchasing the iPhone, and disassembling it. Now, it's an option question of whether, once Apple's higher ups caught wind and laid claim to it, Chen was obligated to return it THEN. However, it's a moot point, since
he did return it immediately upon request; better (legally) safe than sorry.
Hence, this is really disconcerting what's happened to Mr. Chen. Because the phone was not stolen, and no one will be able to prove that it WAS stolen in a Court of law, the warrant used to raid his home, damage his home, and steal his property
is invalid. Hence, he's quite possibly had his
fourth Amendment rights violated. I won't say for certain if they were, since that'll go on a much hazier debate, which will hinge upon how much 'speculation' is allowed.
But one thing's for certain: Apple certainly dropped the ball here, in every way imagineable. And no matter the result, it's going to be a huge publicity embarassment for them; the entire tech world is now PAINFULLY aware that inside the minds of their gray-haired suits, Apple has a VERY distinct, mafia-esque thug mindset. For them, strong-arm tactics are perfectly valid against any perceived as a threat to their company or to Steve Jobs. And pesky things like laws can't be allowed to get in the way.
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