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Monday, September 9, 2013

An Innocent Man Is Dead but the NYPD Recovered the Stolen iPhone

Posted by on Mon, Sep 9, 2013 at 8:17 AM

At 5:30 in the morning, an unknown man punched a 21-year-old woman in the face, took her iPhone, and bolted. Witnesses informed officers that they saw the thief running to a nearby two-story brick building. The thief wore red pants. The police swarmed a basement apartment of the building, rattled a sleepy family, and the father of that family, Carlos Alcis...

...[Dropped dead from] an apparent heart attack as his helpless wife and four of his children protested the fruitless intrusion.

"[When the cops burst into our apartment my] father kept asking, ‘What happened? Why are you here,’ ” [Carlos' son] said.

Emmanuel Alcis, who was wearing red basketball shorts at the time, said he was in his bed when a cop shone a flashlight in his face.

They took me out to the backyard. They asked a girl, ‘Is that him?’ She said, ‘It’s not him,’ ” said Emmanuel, who was allowed to go back inside.

...He said his father suddenly collapsed and started shaking. The teen said police continued to search the apartment, checking under beds and piles of clothes — even as blood started coming from his father’s mouth. He said an officer finally checked his father for a pulse, then asked him to blow air into his dad’s mouth as they started chest compressions.

Cops eventually found the woman’s cellphone by "using her Find My iPhone app."


Comments (14) RSS

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Urgutha Forka 1
What color pants was the father wearing?
Posted by Urgutha Forka on September 9, 2013 at 9:05 AM · Report this
Dr_Awesome 2
So how does it work that the police sometimes need search warrants but other times can just bust in and roust people?

Seriously, when is a search warrant required, when is it not needed, and which case applies here?
Posted by Dr_Awesome on September 9, 2013 at 9:33 AM · Report this
JonnoN 3
They needed a search warrant. I'm not a lawyer, so I won't speculate on situations where they wouldn't.
Posted by JonnoN on September 9, 2013 at 9:35 AM · Report this
Fenrox 4
They sounded not-white, also when the cops broke in they responded with fear and questions so obviously there was something situational and temporary that justified the cops actions. I bet the dude was a terrorist for like 2 min before the cops bravely realized he was dead.
Posted by Fenrox on September 9, 2013 at 9:49 AM · Report this
lark 5
Good Morning Charles,
First of all, my condolences to the family. A most unfortunate confluence of events.

Yes, the NYPD is held accountable. And, I believe they will settle with the family. However, far more accountable is the perp (the fellow with the red pants who initially punched the young woman, took the iPhone & fled). Alas, he remains at large. None of this would have happened if the assailant hadn't assaulted the woman in the first place.

Posted by lark on September 9, 2013 at 10:00 AM · Report this
@2: The term you're looking for is "exigent circumstances", ie. emergency situations that require an immediate response where it would be unreasonable to wait to get a warrant, such as a person calling for help or a criminal running into a building. They also could have been invited inside.
Posted by Henry on September 9, 2013 at 10:12 AM · Report this
All this could have been avoided if cell phone carriers would agree to block devices reported as stolen, reducing the resale value to near zero.
Posted by ChefJoe on September 9, 2013 at 10:14 AM · Report this
Fistique 8
Cops certainly are a source of terror for a lot of people. A source of terror that comes from the state. State terror, you might call it.
Posted by Fistique on September 9, 2013 at 10:45 AM · Report this
@7- AT&T now allows you to call and have the IMEI# (serial code) of your stolen phone added to a list, and anyone calling to activate a phone on that list gets their account permanantly frozen.
Posted by DanFan503 on September 9, 2013 at 10:56 AM · Report this
seandr 10
@2: Police can search a house, car, tent, etc. without a warrant if they have probable cause (e.g., they see illegal activity, illegal substances, or criminal suspect through a window).
Posted by seandr on September 9, 2013 at 11:02 AM · Report this
While I'm not a fan these kinds of Gestapo tactics, the thief would also bear some culpability in this. Also the thief could have caused the death of the he punched woman. So your ironic framing is a bit lopsided here.
Posted by tkc on September 9, 2013 at 11:59 AM · Report this
correction: "the woman he punched...'
damn it.
Posted by tkc on September 9, 2013 at 11:59 AM · Report this
lolorhone 13
"Cops eventually found the woman’s cellphone by 'using her Find My iPhone app.'"

Nobody thought of that shit BEFORE busting into the apartment of an innocent family?
Posted by lolorhone on September 9, 2013 at 1:15 PM · Report this
If exigent circumstances applied the police wouldn't be lying about busting in the door. Sheesh. Police apologists will excuse anything.
Posted by cracked on September 9, 2013 at 1:30 PM · Report this

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