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Stolen iPad's Reported Location Not Enough To Warrant Search, Say Dutch Police

lbalbalba writes "A location message sent from a stolen iPad by an anti-theft application turns out to be insufficient evidence to issue a search warrant for the Dutch authorities. A Dutch man reported his iPad as stolen to the Dutch authorities last month. Despite the fact that the rightful owner was able to locate his iPad within hours of the theft, thanks to the anti-theft application he had installed, the Dutch authorities did not issue a warrant to perform a search. According to the prosecutors, a search warrant is 'a very heavy measure,' that should only be used when there is 'sufficient suspicion.' The theft report by the owner was viewed as 'no objective evidence' in the case."

17 of 619 comments (clear)

  1. Lessons learnt. by MRe_nl · · Score: 5, Informative

    Whatever you do,
    whatever happens:
    Don't call the police.

    --
    "Kill 'em all and let Root sort 'em out"
    1. Re:Lessons learnt. by theshowmecanuck · · Score: 4, Informative

      What you obviously lack is life experience. Here is an example in the moving industry in Toronto to help you with that. It is well known that there are scam artists out there who will quote you a price and then try to jack up the prices of the move by charging you a hefty deposit, loading your stuff, and then telling you there were "extra charges for extra work" before unloading. And if you don't pay they drive off with your goods. For the longest time and often even now when you call the police they (would) tell you it is a civil matter, even though it looks, feels, and smells like fraud. Quote from the link:

      I have called the police and reported how I was intimidated and asked to go to the bank and get more money before they even finished loading my furniture, and the officer practically told me that this is a civil matter and there's not much they can do about this.

      I got screwed like this once. But fortunately (if that is even applicable), it was one quite small load. However it has happened to others many times and in many places for hundreds and even thousands of dollars.

      Finally the police arrested one crew for doing this to one poor soul. Then it turned out that the victim in this case was an off duty police officer. This was the first time many people had heard of actual criminal charges in these cases.

      Charming. It's a shame the police didn't cotton on to this earlier: they admit that they ignored many earlier reports because they sounded like civil, not criminal, disputes. What changed? We certainly can't say, but CBC Radio was reporting yesterday that one of the victims of this scam was a police officer.

      Now this was at least a couple of years ago so references are hard to find among all the advertising cruft and bullshit that google always returns, but there should be enough in the links etc I posted to show I'm not bullshitting. The only reason the police did anything was because it was one of their own. That is not paranoid delusions. That is reality. Before you make judgments, get out of the basement or whatever insular world you are in and see the world or at least pay attention to it.

      It is a well know human trait that people protect their own. Police are no different.

      --
      -- I ignore anonymous replies to my comments and postings.
  2. Re:Happened to a friend of mine. by CanHasDIY · · Score: 5, Informative

    He tracked the phone to the trunk of a car, told the police, and they did nothing.

    Consequently, if anything happens to the vehicle he tracked the phone to or the person who owns it, your friend will become suspect #1, all because he made the mistake of talking to the police.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  3. Hardly a surprise... by Anonymous Coward · · Score: 4, Informative

    The Dutch police doesn't even enter an house when there are two of them and they literally hear someone get tortured to death. I'm not making this up; this actually happened. The officers in front of the house could hear screams and moans and did absolutely nothing.

    Want more? Neighbors heard a woman cry and scream for help and it sounded so distressful that they called the police. The police came, rang the doorbell an after a small talk they left, never to bother with his again. 3 months later it turned out that the woman in question was being held by her will, prostituted, treated in extreme inhumane ways and well... "The police thinks they may have made a mistake by not entering the premices".

    And the list goes on and on.

    On the positive side. If you manage to speed a little on the Dutch highways (you know, reckless driving where you dare to drive 85 - 86 km/hr instead of the allowed 80 km/hr) then chances are very high that you will get a speeding ticket. That's where the Dutch police truly excels.

    So quite frankly, within this context this can hardly come as a surprise.

  4. Re:Happened to a friend of mine. by MobyDisk · · Score: 3, Informative

    Taking evidence from theft prevention and tracking apps is the exact same as taking the victim's word for it.

    Agreed. And that word has been good enough in the past.

  5. Re:Plan B. by Anonymous Coward · · Score: 3, Informative

    According to the prosecutors, a search warrant is 'a very heavy measure,' that should only be used when there is 'sufficient suspicion.'

    Of course if there was anonymous tip of some gardening, that would be sufficient for an armed raid...

  6. Re:Plan B. by RightSaidFred99 · · Score: 2, Informative

    No, it's almost as if a culture with a huge population of poor people encourages crime. It's cute to compare tiny little Holland to the US though.

  7. Re:Plan B. by Anonymous Coward · · Score: 5, Informative

    Imagine how many thefts and assults there would be if people did not have guns?

    We have cities that imposed weapons bans within city limits, it did not reduce crime at all. In fact some of those cities have HIGHER rates of crimes and higher rates of murder and crimes committed with guns. The thiefs know that there is a very strong chance the potential victim will not have a gun.

  8. Re:Plan B. by Anonymous Coward · · Score: 5, Informative

    Good one. :-)

    Of course the next thing that would happen is the police arrest the homeowner for filing a false report, or abusing 911 resources, or wasting police officers' time on a crime of low priority. Or maybe just "disturbing the peace" which is the standard catch-all to arrest someone who did nothing wrong (like Professor Gates).

    interestingness - disturbing the peace is NOT an arrestable offence (in the UK) once the act is over with unless the disturbance is 1) on going, or 2) likely to reoccur.

    The police officer that tried to arrest me for such didn't like it when I pointed this out to him, but he checked and found that I was correct.

  9. Re:Plan B. by Anonymous Coward · · Score: 2, Informative

    The problem is the distribution of firearms is un-even.

    Crime statistics are heavily skewed towards urban centers where firearms ownership is heavily controlled or outright prohibited. Arguably, it's more of a societal thing where crimes occur where there's higher un-employment, more broken families, and fewer positive male role models, but saying that un-wed mothers on welfare contribute to crime is not politically correct.

    Kennesaw, Georgia, which mandates firearms ownership, has distinctly lower crime rates than the balance of Cobb County.

  10. Re:Happened to a friend of mine. by kikito · · Score: 4, Informative

    Not the same thing.

    The sworn statement means "if later it is discovered that I was lying, then I'm committing a crime".

    If an app says that my iPad is in a house, and that turns to be false, then I'm not commiting a crime - I'm not "responsible" for what the app says.

  11. Re:Plan B. by couchslug · · Score: 3, Informative

    The cultures are different, and the US crimes rate varies greatly by the racial and ethnic makeup of each region.

    The best-armed areas are frequently the most peaceful. They also share a certain demographic similarity....

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  12. Re:Plan B. by jlar · · Score: 5, Informative

    But burglary is only one crime parameter. If you look at a broader range of crime statistics the picture is less clear cut. Rape is for example twice as prevalent in Holland as in the US. Overall victimization is also higher in Holland. But other crime statistics show less crime in Holland.

    http://www.nationmaster.com/compare/Netherlands/United-States/Crime

  13. You're getting entirely out of hand! by drainbramage · · Score: 3, Informative

    Anyone can use facts.
    Do some work like the others, just base your opinions on how goood they make you feel.
    Facts are for loser's and boring people.

    --
    No brain, no pain.
  14. Re:Plan B. by LDAPMAN · · Score: 3, Informative

    You picked Connecticut to make your point? Do you realize that Connecticut has one of the lowest percentages of non-white population? Yes, it is highly likely that most crimes in a state that is overwhelmingly white will be committed by white people.

  15. Re:Plan B. by shutdown+-p+now · · Score: 4, Informative

    On top of all that is the actual usefulness of guns in the first place. Unless you're well trained and practicing regularly, handguns are pretty useless for actually shooting a person who doesn't want to be shot. Ever go to a gun range? If you do, look at how ridiculously close most handgun shooters have their targets. At that range, you're better off running up to your foe and punching them.

    That's bullshit. Most people actually place targets too far on the handgun range, because, statistically, the person trying to assault you is almost guaranteed to be within 5 meters from you when you notice them and start to react. And even a person that has minimal gun practice will have no problem unloading a full magazine into a human-size figure at that distance (from personal experience - I could easily group shots within a 5-inch circle or so at 15 feet when I first tried to shoot a handgun - and that was a compact Glock, not some kind of match gun).

    Most certainly, you're not better of running up to your foe and punching them. For one, it's still slower than aiming and squeezing the trigger. For another, it does not do anything to stop a determined assailant, unless you're physically much stronger than they are.

    The reason why handguns are superior self-defense tools (compared to e.g. martial arts training) is precisely because an average person can learn to use one very efficiently in self-defense situations that actually have any likelihood of occurring in real life with minimal time and effort invested into learning the ropes and maintaining the skill.

  16. Re:Plan B. by buck-yar · · Score: 4, Informative

    UK's homocide rate in 2010 was 1.23 / 100,000
    Vermont's was 1.12.

    Vermont has the fewest gun laws of any of the 50 states. You do not need a permit to carry concealed. UK has some of the world's strictest gun laws.