updated 10:11 pm EDT, Wed August 22, 2012
Attorneys attempt to have evidence dismissed
An alleged iPad thief is attempting to rely on a unique defense, claiming a victim illegally trespassed on his property after utilizing the Find My iPad security service. The iPad's rightful owner used GPS coordinates to locate the device on the property of Canberra, Australia resident Alden Harder, who has been ordered by the court to provide fingerprints. Harder's attorneys are fighting the order, however, by arguing that the subsequent search warrant was based on unlawfully obtained evidence.
The victim was reportedly unable to convince police to take action based on the GPS coordinates, so he revisited Harder's property and activated Find My iPad's alarm function, according to a story published in The Canberra Times. After hearing a ring emanating from the garage, the victim was finally able to convince police to return to the property, where they found the iPad among other presumably stolen items.
''It's very clear that [the alleged victim's] purpose was to play amateur detective and to carry out a test with the GPS in his iPhone in an attempt to obtain evidence to give police as to the location of his iPad,'' Harder's attorney said. The lawyers also claim the victim committed "trespass via radio wave" by enabling the alarm function.
The court has yet to formally charge Harder for the theft, however prosecutor Keegan Lee noted that the attorney's argument represents an "absurd expansion of the definition of a trespass."
The court is expected to make a final decision on the matter by next week.