What Not to Do If Your Phone Is Stolen

Every time I used to see posts about someone’s phone being stolen, I always wondered: why? Seriously, why steal smartphones when:

• They can be tracked by IMEI, and changing the IMEI isn’t free.
• Phones may have locks that aren’t easy or cheap to remove.
• There are “anti-theft” apps that can send photos, videos, and audio.
• Even built-in Android (and likely iOS) features allow you to geolocate a lost device.
• The device might have unique identifiers that are hard to remove for free.
• There are probably security cameras and witnesses nearby.
• It’s hard to get much money selling a stolen phone.

Knowing all this, I really didn’t understand why people steal phones when they’re so easy to find and not very profitable. That is, until February 8, 2019, when my own phone was stolen.

Note: Everything below is just my personal opinion and not a guide for action or inaction.

The Incident

A good lawyer might say there was no theft, just a person who found someone else’s property and intended to hand it over to the police after returning from a business trip (citing Article 227 of the Russian Civil Code, “Findings”). But the facts are:

• The phone was found on a closed, private property.
• The area was covered with surveillance cameras that actually record in good quality.
• I (the owner) called the phone and activated the “find my phone” mode for 20 minutes, making it ring and display a lost message with contact numbers.
• I caught up with the suspect as he was leaving our property, explained everything, and showed him the geolocation on my laptop.
• He obstructed the police, tried to pressure me psychologically, and eventually threw away the phone “out of fear of responsibility.”

How It Happened

I left the office for the warehouse (entrance on the other side of the building). On the way back, I jokingly threw a snowball at my wife, missed her, but hit my new phone. As I threw, my old phone flew out of my pocket and landed in the snow about 6-10 feet from the office entrance. This kind of thing happens all the time at our company—someone loses or forgets a phone, money, or documents, and we always find and return them, laughing about it later.

This time was different. The phone wasn’t returned. After 10 minutes of searching, my wife suggested it was stolen. After 20 minutes, most people agreed. After 30 minutes, the location marker on the map started moving, right from where trucks were being loaded in our yard. Did we see the marker there? Yes, but those guys come often (the dispatcher, not the driver), picking up goods worth millions—why would they want a phone worth a few thousand? Mistake #1: We should have asked them directly, but assumed the phone was still in the warehouse and the location was off due to the building’s walls.

Realizing the phone was on the move, I made mistake #2 by going alone, mistake #3 by not calling the police, and mistake #4 by not bringing a backup phone to call the police if needed. When I arrived and confirmed the location matched the suspect’s car, I made mistake #5 by approaching him and asking if he’d found a phone, and after some arguing, mistake #6 by showing him the laptop with the location (needless to say, the phone was turned off right after).

After that, I went back to the office, grabbed my wife’s phone, returned, called the police, blocked the suspect’s car in a mall parking lot until the police arrived, gave statements, and made several trips to the police station.

Other Mistakes I Made

• I didn’t get a receipt confirming my police report was accepted.
• I handed over photo and video evidence on a flash drive (which was lost and probably won’t be found; if it had been a disc, I wouldn’t have cared as much).
• I incorrectly assessed the damages (when police ask “how much do you value the loss,” they don’t care about the price on Craigslist—they want your personal valuation).
• I gave up original documents for the phone.
• I made many other small mistakes.

The last mistake (after which I learned my lesson) was not asking the investigator to impose preventive measures (like house arrest or a travel ban). I can’t say if it would have helped, but it might have made things easier. I live in one city, the accused in another, 60 miles away, and he works as an intercity driver, so he’s always on the move. Time passed, and in mid-May, the court called to ask if I could attend a hearing as the victim. I agreed, and the secretary said she’d send a reminder SMS.

On the day, I arrived at court. There were five of us: the judge, secretary, prosecutor, and the defendant’s lawyer. The defendant didn’t show up—he was 1,500 miles away on a business trip. The hearing was postponed. He missed the next one too—he “forgot.” The judge was frustrated but couldn’t do anything since he wasn’t under any restrictions. If he missed a third time, bailiffs would find him and put him in detention until the trial.

But he showed up. He met me outside and asked if I’d sign a settlement agreement. Here’s a side note: I bought the phone for 7,500 rubles on installment, glass for 600, and a case for 400—about 9,000 rubles total. The new phone and accessories cost less than 1,000 rubles, but I also spent time and gas going to the police, and the flash drive wasn’t free. I valued the loss at 12,000 rubles (not including my time or “moral damages”). He’d already paid me 5,000, and an expert valued the phone at 4,700, so technically I owed him money.

He asked me to sign the settlement before the hearing, promising to pay the rest within a week. But I’d learned my lesson: “Money first, then the agreement. For you, that means before we enter the courtroom.”

We met his new lawyer, a pleasant guy who was surprised by the amount but clearly working in the defendant’s interest. In court, we answered standard questions, including about reconciliation. I refused again. The prosecutor supported my claim, stating my amount was the victim’s condition for settlement.

Courtroom Dialogue (Paraphrased)

• Judge: Defendant, do you agree?
• Defendant: Yes, I agree.
• Judge: I’m postponing the hearing for three days. Will you pay the victim?
• Defendant: I’ll try…
• Judge (interrupts): This is court, no more bargaining. Be realistic.
• Lawyer: My client agrees and will bring the money.
• Defendant (uncertain): Yes, I…
• Lawyer (firmly): My client will bring the money.
• Judge: Victim, do you agree?
• Me: Yes, I agree.
• Judge: Hearing adjourned. Wait in the hallway for your summons.

In the hallway, the lawyer told the defendant: “Do you even understand what’s happening? You stole a phone, skipped court, lied to the victim, and now you’re being offered a fair settlement. If you keep this up, the judge will fine you 15,000 rubles, give you 200 hours of community service, and the bailiffs will make sure you don’t forget or skip town again. And then your son will hear that his father is a thief.”

Apparently, that’s when the defendant finally realized the seriousness of the situation and promised to pay me before the next hearing.

At the final hearing, he paid me, I wrote a receipt and a motion to drop the criminal case, and he wrote a statement that he didn’t object. The judge confirmed everyone agreed, asked if I was acting voluntarily, and reminded the defendant that the case closure wasn’t exonerating. The judge said the court’s decision would be mailed to everyone. The defendant then started a speech about how he never gets his mail because “the mailmen always mess things up and can’t find me.”

That’s how the story ended. It started on February 8 around 4 p.m. and ended at about the same time on May 30, lasting 111 days.

Summary: What Not to Do If Your Phone Is Stolen

• Don’t be shy about asking people if they’ve found your phone.
• Don’t search alone.
• Don’t be afraid to call the police.
• Don’t go without a backup phone.
• Don’t show evidence or reveal what you know to the potential thief.
• Don’t forget to get a receipt for your police report.
• Don’t hand over photo or video evidence on flash drives.
• Don’t overthink how to assess damages—just state your honest estimate.
• Don’t give up original documents.
• Don’t forget to ask for preventive measures (so the person doesn’t disappear).

I won’t write about what you should do (especially before anything is stolen)—there are plenty of useful articles on that. Just remember, there are still people out there who never think about the consequences. Personally, I’m just glad it was “only” my phone that was stolen.