Apple Stores are NOT Confiscating Jailbroken iPhones

[Michael Essany]

A lot of people are talking about a story that surfaced on Twitter this past week that, while unconfirmed, has raised eyebrows.

The poster of the story - hotrod1964 - revealed that he recently visited an Apple Store and, upon a sales associate discovering that the man's iPod Touch was jailbroken, the store's manager was summoned. The manager allegedly lambasted hotrod1964 about his “illegal iPod Touch.” When the "hacker" refused to turn over his device or his driver's license, security was called in.

hotrod1964, however, stood his ground and refused to turn over his iPod Touch unless a "judge ordered him" to do so. After threatening to sue Apple, it seems the authorities managed to calm the manager and hotrod1964 made it out of the store unscathed and with his jailbroken device in hand.

After this story first started circulating online, a crazy rumor began that proposed Apple had initiated a new confiscation policy for its Apple Store employees. In other words, if an illegal device - i.e., jailbroken iPhone/iPod - is found, it must be promptly taken from the customer and authorities should be called. I have a lot of friends who have truthfully been freaked out by this "news."

Here's the reality of the situation. There is no such policy in place that anyone is aware of. And if you go to an Apple Store, the sales associates have no authority to take your jailbroken device by force or coercion. Based on a personal experience at an Apple Store by yours truly this weekend, I can tell you that my iPhone was never, ever in jeopardy of being captured by a sales associate - one who was fully aware of my "illegal device."

If there is a confiscation policy in place, it certainly wasn't enforced at the Apple Store I visited - a visit, by the way, that was made strictly to debunk this ridiculous rumor and calm the anxieties of my friends who suddenly think the "Apple Police" are out to get them.

[metaserph]

Interesting share. Let's see if others have the same experience in time.

[davesnothere11]

So Messany, how much did Mr Jobs pay you to post this? Hmmmmm?

[dangtu253]

I once visited the Apple Store with jailbroken iphone, the guy saw it and just advised me to restore it before come for services. He did not say anything about taking my iphone, just told me that they would not provide any services on the jailbroken iphone.

I think that manager just tried 2 get hotrod1964's iPod.

[vantheman169]

Hmmm ya thats 1 thing i have been kinda paranoid about...but i bought a squaretrade warranty so if anything happens to my be-loved iphone i am covered. I did however visit a apple store to have my iphone looked at cuz comparable to my wifes iphone 3gs the white in the menus appeared to be YELLOW or an OFF WHITE just kinda annoyed me, my iphone was Jailbroken 3.0 at the time but i restored it before taking it in to exchange it, and they did not say ****. I was told by sombody that they can always tell if you have jailbroken in the past....Who cares, lol. Still gonna jailbreak some people are wuss's when it comes to voiding their warrany, me personally squaretrade all the way!!

[BurningAngel]

When I went to the Apple store to check out the iphone and see if thats what I wanted. The salesperson gladly showed me his iphone and everything it could do including playing Super Mario Brothers. Well thats the first thing I wanted to do to, I had no idea what "Jailbroken" was, until I did some research on how I could get Super Mario Brothers to play on my iphone. Thanks Apple!

[santaf]

i shall go wave my phone in front of them and be like look at the theme i've created

[Oliva94]

One of my friends had a ailbroken iPod touch, and I don't know how did he do it, but he f**ked it up so he had no DFU. He sent the device back to apple (from central Europe), and just got a new one.
So, if something goes wrong, apple will more likely give you a new one, so that you will come back and buy something else at them.

[dmcdivitt]

Apple employees have no authority to seize your property. Jailbreaking your iPhone or iPod is not illegal. If it was illegal it would be a civil matter and not criminal, and if it was a criminal matter, Apple employees are not agents of the law. This is a ridiculous story.

[Antman217]

I had a technical difficulty on my iPhone and the guy at the apple store checked my jailbroken iPhone made me a genius appointment and just told me to restore before coming back for my genius appointment... awesome!

[mgebara]

One of my friends had a ailbroken iPod touch, and I don't know how did he do it, but he f**ked it up so he had no DFU. He sent the device back to apple (from central Europe), and just got a new one.
So, if something goes wrong, apple will more likely give you a new one, so that you will come back and buy something else at them.

Having a jailbroken deice die on you isn't anything to worry about. Nothing a couple of seconds in the microwave won't fix

[badass1469]

lol apple just you try and take my 3GS, you'll get a close up of my fist if you even try it.

[Yorgule]

Thats Dumb. i going to the apple store a lot and they see the way my iphone does and they say how cool it is but the genius just look at me like ''JELOUS'' but they never ever try to take away my iphone away and even if they do ill sue them. its my phone and like its mine i'll do what ever i want with it!!!!!!!!!

[rkswat]

I have actually gone in with a jailbroken iPhone and had it replaced while jailbroken. It took some doing, me getting angry and explaining the changes I had made to the software had nothing to do with their hardware letting dust under the screen.

[ukoda]

Apple employees have no authority to seize your property. Jailbreaking your iPhone or iPod is not illegal. If it was illegal it would be a civil matter and not criminal, and if it was a criminal matter, Apple employees are not agents of the law. This is a ridiculous story.

Reading the article I was wonder if there was some basis in US law for such actions. Here in New Zealand we generally call taking someone else's property without permission 'theft' and it is against the law. On the other hand jailbreaking your own phone is not against any law I know of.

[niqolas619]

I accidentally broke my headphones that came with my iphone, so I went to the apple store to get them replaced. They had to get the serial number from my phone to check the warranty, but couldn't figure out which icon was the settings icon since I changed them all around. They didn't even make a fuss or anything about it - just handed it back to me and asked me to take it to the settings.

No questions asked, got my headphones replaced for free and got my iphone back. I think this rumor is probably from some 13 year old that was bored so he decided to start something.

[nhoj_yelbom]

they take my phone they will have 31 rounds of 45acp to deal with.........

[steve-z17]

So Messany, how much did Mr Jobs pay you to post this? Hmmmmm?

Dude don't even start, if you don't like what's written on the site then don't come on and read it. But if you are don't write stupid comments trying to bash someone, its old and there's no need for it.

Yeah I really doubt that something like that happened, someone just had too much time on their hands. If it happened to me I'd go Chris Brown on their ***!

[iLaw-One]

This is just simply a baseless rumour! Probably started by a bored kid to attain cheap popularity and see how many people actually know their rights or would cower at the thought of the authorities being called.. Anybody trying to take your property focibly/without your permission is a thief period!
The sales guys I've come across have always looked at my iphone longingly...wishing it was thiers

[sziklassy]

They don't legally have the right to confiscate your hardware. They can refuse service but not take what you have paid for...