Purchase of a Cell Phone that May be Stolen
My question involves criminal law for the state of: All states in general
hi,
a few months ago I met a person at college ( we both I. T. students) who told me that he could get phones two third of their market values. at that time was really into cell phones specially smart phones and I asked to bring me samples so I could pick one and pay him for that. One day he took me to another guy who has connections with others cell phones guys he showed me samples of 12 cell phones brands typically in the real market they value from $ 400 to $800. At the time I was only concerned it being a stolen phone from a person but those phones' cardboard packs hardly even touched and they smell like fresh out from the factory, every piece is in the box. so did not have any doubts of they being stolen phones because stolen phones don't come like that. So bought a HTC smart phone for $ 600 (typically this would be $800) and I was happy and the merchants was happy. I paid him cash and end of deal.
Recently I have heard that in my town there was warehouse robbery took place where they keep cell phones comes fresh out from the shipping harbor. according to the info about 300 cell phones were stolen. Since I heard this my head started to crank with the question "why the phone I bought is so cheap?" dragged me further could be a cell phones stolen from the cell phone warehouse?
Currently I have turned my phone off and removed the battery. I know if mine is a stolen the warehouse might have given the FBI and so forth all IMEI numbers of stolen phones and I have fear that I might get caught. In this situation how do I protect my self if the I bough was stolen from the phone warehouse?
thanks
Re: I Bought a Cell Phone but Now I'm Worried of It Being a Stolen Phone
There is no state of "All states in general"
I've never heard of the FBI doing any thing of this sort, and frankly, unless this crossed state lines the FBI has no jurisdiction.
What usually happens are the IMEI are reported to the carrier so they can be blocked.
Re: I Bought a Cell Phone but Now I'm Worried of It Being a Stolen Phone
Quote:
Quoting
flyingron
There is no state of "All states in general"
I've never heard of the FBI doing any thing of this sort, and frankly, unless this crossed state lines the FBI has no jurisdiction.
What usually happens are the IMEI are reported to the carrier so they can be blocked.
okay let me comprehend this, the Mobile service provider will just block my phone from access any network in the USA. But FBI would not come into my door step with an arrest warrant or confiscation warrant?
thanks
Re: I Bought a Cell Phone but Now I'm Worried of It Being a Stolen Phone
If someone comes to your door, it won't be the FBI (unless you crossed state line). The FBI has no authority on local theft issues. The local or state police might come knocking but I would find it's unlikely.
Unless you know (or reasonably should know, which I'm not sure applies here) that the unit is stolen, you are not criminally responsible for possessing it. The worst thing that is likely to happen is that the carrier will brick the phone or the police will take it. If the police come by, I would suggest you do not speak to them without an attorney.
Re: I Bought a Cell Phone but Now I'm Worried of It Being a Stolen Phone
It's not implausible that the FBI would be investigating the organized theft of cell phones and their subsequent sale, but I'm not going to guess about what happened or might happen without facts.
Re: I Bought a Cell Phone but Now I'm Worried of It Being a Stolen Phone
I agree that, up to this point, you have not committed any crime. Your belief that that the phone sale was legit was maybe a bit naïve, but reasonable. However, now you have more information and that “reasonably should have known” that Ron mentioned becomes more problematic. While it is still unlikely that you would ever by prosecuted for possession of stolen property, it is not out of the question. And, even if you were never prosecuted, just being caught up in the investigation as a suspect could get rather inconvenient for you.
As an alternative to just laying low and seeing if the po-po ever shows up on your doorstep, I would suggest you get ahead of it. Go to the police, tell them the circumstances of how you purchased the phone, and let them know your suspicions now that you have heard about the burglary. They can check the phone to see if it is stolen. If it is, then you tell them who you bought it from, and when and where. Voila! You are no longer a potential suspect! You become a victim who may be able to get restitution for the $600 you are out if the thieves are successfully prosecuted.
If you are unwilling to do that, then I suggest you get rid of the phone. Destroy it and throw it away somewhere where it cannot be linked to you. DO NOT try to sell it or give it to someone else! That could well get you in even more serious trouble than if you were investigate for simply possessing stolen property.
Re: I Bought a Cell Phone but Now I'm Worried of It Being a Stolen Phone
Come on guys and gals. If you were a trier of fact, would you believe this story? A guy brings OP to a guy who hooks him up with a guy that brings him to a guy that is selling phones for cash at a 25% discount and OP doesn't think the phones were stolen? He sounds like an adult but maybe not.
If any of those phone crossed state lines then OP is in the mix. At the very least, receipt of stolen property (if the phone is part of the heist) and the authorities what to press the issue. The phone was activated so they already know who he is regardless if the phone is off now. And not using the phone is tantamount to knowing that something is not right.
I would suggest that OP contact an attorney and listen to their advise whatever that might be. Maybe turn in the phone and cooperate or wait for the other foot to drop if it ever does.