Originally Posted by acslater017
I'm a law-and-order guy myself (not talking about the TV show), but to have an officer's sidearm fired over a stolen phone (and ensuing school lockdown) is just a crazy escalation. I'm glad that they found these guys and might be able to find some leads through this. And I'm not second-guessing the officer either. But the situation seemed to have gotten out of control in a hurry.
You're completely mis-stating the situation.
They officer didn't fire a handgun over a stolen phone. They fired a handgun over a criminal who had already committed armed robbery who appeared to be drawing a weapon after being told to 'freeze'. And the school lock down was not because of a stolen phone, but rather because there were armed robbers in the area and a shot fired. Both are perfectly reasonable.
Don't let AI distract you into thinking it was about a phone - it wasn't. It was about armed robbery and threats to the police on the scene.
Originally Posted by diplication
Sorry you can't shoot someone down here just to protect your property...now if you said you thought your life was in danger, well now we have a reason to change clips.
Where is "down here"? Defense of property laws depend on the state and the situation. In some states (think Texas), the rules are quite a bit looser. Here's the info for TX:
"A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means."
"A person is justified in using deadly force against another to pervent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)"
Heck, in TX, you can legally shoot someone in the back even if they're fleeing under some circumstances.
Since the case in this thread was in CA, it's worth pointing out CA's laws on defense of property:
"Defense of property is a justification defense that can be used in defending one's property from theft, destruction, or trespass where the defendant has a reasonable belief that the property is in immediate danger. Only reasonable non-deadly force can be used in defending one's property. Deadly force (a violent action known to create a substantial risk of serious bodily harm or death) may never be used to defend property. However, by virtue of other defenses (self-defense, defense of others), deadly force may be used where unlawful interference with property is accompanied by a threat of deadly force or where the defender reasonably believes an entry will be made or attempted in his dwelling by someone intending to commit a felony therein. "
But, again, that's not what was involved here. The police fired a weapon not because of the theft of property but because they thought the person was pulling a weapon on them.
Originally Posted by bolskevite
What they really need is the ability to completely wipe the phone and still have find my iPhone work. Somehow allow it to wipe everything but that feature.
Good idea. Resetting the phone via itunes should not remove the 'find my phone' capability unless the password holder specifically allows it. That way, someone who steals your phone would not be able to remove 'find my phone', but if you want to sell your phone to someone, you could.Edited by jragosta - 8/28/12 at 6:35am