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Originally Posted by valo403
It's pretty easy to argue reasonable v. unreasonable in this setting, but in a court setting it's one of the most difficult things to prove to a jury. Remember what the criminal standard is, beyond a reasonable doubt. The fact that there's a credible argument to be made that the effort was reasonable makes reaching that standard near impossible.
The DA would really be rolling the dice to pursue that charge without some sort of evidence that indicates the 'finder' knew the effort had no chance of resulting in the phone being returned. There may well be something that indicates that in the materials uncovered in the search, but that opens up a whole new can of worms as to the privilege law. Like I said above, that's likely a state supreme court case if pursued, and I don't know that the state is up for that kind of costly battle over this. We'll see, at the very least it's made for an interesting discussion.
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Wired did report that Apple visited his house before they bricked the phone. He wasn't home and his roommate refused to let them in. He sat on it for a few weeks before selling it to Gizmodo so he had plenty of opportunity to get back in touch with them.
He also was shopping it around as Wired say they received an email from him but didn't pursue it because he hinted at payment and they don't do cheque book journalism.
It will be interesting to see how this plays out.