iPad theft suspect: using Find My iPhone is trespassing

iPad theft suspect: using Find My iPhone is trespassing

Summary: The alleged thief of a stolen iPad claims that the owner of the device committed "electronic trespassing" after he activated an alarm alert through the Find My iPhone app.

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TOPICS: Legal, Apple, iPad, Australia
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An alleged Apple iPad thief has reportedly turned the tables on the device's owner after claiming in the ACT Magistrates Court that the act of tracing the stolen iPad back to his home using the Find My iPhone application constituted electronic trespassing.

Find My iPhone is an Apple application that helps users locate their lost or stolen iPhone or iPad using GPS.

The stolen iPad was tracked to the north Canberra home of Alden Harder, when the device owner used Find My iPhone and activated the alarm alert, according to The Canberra Times. The owner traced the sound to Harder's garage, and the police legally searched the property. The police found the iPad among a number of other suspected stolen goods. The suspect has a history of burglary offences.

In court on Tuesday, Harder fought an order by the police to surrender himself for fingerprinting, The Canberra Times said. His lawyer claimed that the evidence against Harder was obtained unlawfully, since the device's owner electronically trespassed on his property by setting off the iPad alarm.

The police has reportedly labelled the claim as "absurd", because if the claim is legitimate, then everybody who owns a router that transmits Wi-Fi signals into their neighbours' properties would be guilty.

The case is ongoing.

Topics: Legal, Apple, iPad, Australia

Spandas Lui

About Spandas Lui

Spandas forayed into tech journalism in 2009 as a fresh university graduate spurring her passion for all things tech. Based in Australia, Spandas covers enterprise and business IT.

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8 comments
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  • The Monster

    See, this is why civilization will end with all the lawyers being driven over cliffs by citizens carrying torches and pitchforks.
    Robert Hahn
    • First the lawyers and then who?

      Who will be scapegoated next?

      It's not entirely unlike 1938... it's the same game but the players' names have been changed...
      HypnoToad72
  • Given that a neighbor using your wifi router to look up kiddie porn

    will ultimately get away with it while you, the owner of the router, will be indicted on a large number of kiddie porno counts...
    HypnoToad72
  • The most arrogant thief!

    This guy must be the most arrogant thief in the world.
    Gets upset that he was traced down hahahaha
    Does sending an email or sms considers Electronic Trespassing as well?
    The next step would be suspects claim intellectual property on the DNA that convicted them in court.
    kuzia405
  • The thief brought it to his home

    Should it mean it's no longer tresspassing since it's like he invited the person/the ipad to his home?
    GT15
  • Love the legal system

    Isn't it amazing how the crook becomes the victim when he's caught? Any judge in their right mind wouldn't even give this case the time. Any forward thinking person can see it's ludicrous.

    And if it does pass, and the thief's case is passed... what will his lawyer do when his phone gets stolen?
    dmh_paul
  • Funny

    It's funny how a thief cooks up some desperate, laughable, novel legal claim in order to escape punishment for his crimes and everyone here just assumes that the courts have already ruled in his favor and awarded him legal fees, an ice-cream cone and a puppy in compensation.

    Chances are the judge will laugh this claim out of court.
    dsf3g
  • Port Authority Supervisors stealing lost property

    This same disgusting thievery is commonplace at the Port Authority Bus Terminal's Lost & Found Dept. in NYC by PABT Supervisors. Google  “Donna Lebourne abc news" & see the vile face of shame being confronted & exposed. 

    http://abclocal.go.com/wabc/story?section=news/investigators&id=9105280

    Port Authority Supervisor Donna Lebourne has an outside job, she is the Vice President of her & her husband’s charity Caribbean Sports International that donates cellphones & other electronics.  If you lost an item at the Port Authority Bus Terminal and did not get it back, contact her charity, perhaps she may donate your item back to you out of the kindness of her evil heart. It's very easy to be charitable when you are giving away other peoples' property.

    http://www.corporationwiki.com/New-Jersey/Maplewood/caribbean-sports-international/85267222.aspx

    The Port Authority allows these crimes by their supervisors & their enablers to go unpunished.

    The Port Authority also has an illegal policy of throwing lost valid passports found at the PABT in the garbage, for anyone to find & use for their own nefarious purposes. The Port Authority’s illegal passport policy is criminally insane in this age of global terrorism and rampant identity theft, This is an act of treason against the United States of America. The Port Authority has become an imminent threat to national security. Google “Port Authority - passports” & “found, stolen, trashed by PA” 

    http://abclocal.go.com/wabc/story?section=news/investigators&id=9277998

    http://www.nypost.com/p/news/local/found_stolen_trashed_by_pa_V4RMICgPyy2bhAVzDkW9EL 
    No one should be above the law no matter who they are and who they work for.
    iMan9796