Apple could face lawsuit over iPhone prototype investigation in July 

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  • AP file photo
  • AP file photo

Apple’s actions to get back an iPhone prototype that was supposedly left in a San Francisco bar in July could land the company a lawsuit for how they handled the investigation.

Sergio Calderon, the 22-year-old San Francisco resident who had his house searched by Apple employees, has obtained a lawyer and is considering a lawsuit against Apple Inc. for impersonating police officers, according to his attorney, David Monroe.

Monroe was quiet about his own investigation into the incident, which occurred Aug. 31, but said he is looking at all possibilities as to what happened. He said impersonating a police officer is “certainly” an issue.

“Hopefully this is a fairly unusual situation,” Monroe said. “But I’m really early into my investigation. I don’t have a lot of information.”

Monroe said that as long as Apple and the San Francisco police are cooperative, his own investigation could be completed in several weeks. But so far, he said, the agencies have been little help. Monroe said Calderon has even requested a police report but hasn’t obtained one.

The search of Calderon’s Bernal Heights home came after Apple internal security allegedly tracked down a lost iPhone prototype that had been left at Cava 22, a tequila bar and restaurant in the Mission neighborhood. The tech news site CNET first reported the lost phone and that Apple enlisted the San Francisco Police Department’s help in the search in August.

Apple released an updated iPhone 4, with a new and faster operating system, on Tuesday in Cupertino.

According to Monroe, during the search one of the six men gave Calderon a phone number to contact him in case the phone turned up. Monroe said he’s tried that number and has yet to get a call back.

San Francisco police originally denied any involvement in the search. Days later the police said plainclothes officers had assisted Apple.

An internal investigation has been launched by the police into the matter. The investigation is ongoing, police said Tuesday.

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