You just gotta keep coming up with these really stupid analogies don't you? No one took Apple's smartphone and used it to shot anyone with it or used it to bash anyone over the haed with it. The phone was supposed to be a secret phone. The moment you leave it openly in some bar, it's not a secret anymore. Anyone in the bar, the cleaners whoever can examine it and see what it's about and let out the secrats about it. It's your fault and your own carelessness and stupidity that made you leave a supposedly secret phone where anyone could examine it. Don’t blame anyone else but yourself for being careless and foolish.
No one took Apple's smartphone and used it to shot anyone with it or used it to bash anyone over the haed with it.
Selling something that does not belong to you is illegal behavior*, much like shooting someone with a gun that was negligently left behind by someone else. And it doesn't matter if the cops failed to exercise a search warrant during regular business hours, or how much you hate Smith & Wesson.
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And that is what a court must determine one way or the other--and I will remind you again, claiming that you called a 1-800 number is not an affirmative defense.