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发帖数: 3978 | 1 Calif. Appeals Court Tosses iPhone Theft Charge as 'Temporary Taking'
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天使同伙吧
An appellate court in Contra Costa County, Calif., has discovered a previous
ly unknown pastime: cellphone joyriding.
It looks a lot like theft.
It involves a stranger taking violent possession of an owner's phone against
the owner's will. It involves the owner being punched repeatedly in the hea
d by the stranger. But, found the court, this isn't theft. It's "temporary t
aking"--something far more akin to a kid borrowing your car for a joyride.
The facts of the case, according to the appellate court's decision, filed Se
ptember 26, are these:
"On December 20, 2010, Matthew Cardoza was standing outside the hospital whe
re he worked, taking a 10 minute break. He was using his new Apple iPhone 4
cell phone to exchange text messages with his fiancee."
He had just hit "send" on his last text when up came an agitated man--a stra
nger to Cardoza--who said, according to the court filing, "Hey, man, let me
get that phone."
The stranger took the phone out of Cardoza's hands and made off with it.
Cardoza gave chase, grabbed the man by the back of his shirt, spun him aroun
d and grabbed for the phone. They struggled.
During the struggle, the stranger yelled, "Give me the phone, give me the ph
one. I'll hurt you. Give me the phone." He punched Cardoza in the head sever
al times.
Cardoza got the phone back, after which the man said, "I'll pay you, I'll pa
y you. I just want the phone." Cardoza told the man he didn't want his money
and asked him please to leave him alone. The man tried to apologize and tol
d Cardoza he needed to get help because his mother "had just got her house o
n fire."
The violent stranger was Kurt Carr. |
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