ICloud find locked iPod Touch behavior

Scenario (real): Locked iPod Touch running IOS 4.x is stolen. Device is visible on iCloud and responds to commands, including wipe.
Issue: Touch was not connected to previously known WiFi network (home or AT&T public). It appears to have been added to a private, secured WiFi network.
Tests: Used 3GS with no SIM. Device will not connect to open WiFi AP. Device cannot be configured to add SSID without unlocking. Device does not appear on iCloud without active WiFi.
Questions:
1) Can a device connect to an open WiFi network (unknown, no password) for Find Me services while locked?
2) If not, how could someone access the WiFi settings to add a network without being able to also remove the FindMe functions and other services?
My guess is that there are two issues here. First, the FindMe feature is weak as it cannot connect to unknown open networks without unlocking (not a likely scenario in a theft). Second, the passcode lock, which was changed and reenabled remotely while stolen (it was on when stolen also) appears to have not prevented someone from accessing the device at least sufficiently to access WiFi settings. I am familiar with JB, and this device wasn't, but if a JB it seems like the thief would just remove all the protections including the lock and tracking features.
Thanks.
I believe it was 4.2 (it was current as of March/April of this year - it was stolen then, took a month to appear, disappeared until today, and then reappeared in the same location). I decided to wipe it today after speaking with less than helpful police officers (they would have liked to help, but unless I could give them the name and address (it only resolved to one of four apartments) they couldn't get involved. It is unfortunate that Apple doesn't use the AppStore and UUID to provide law enforcement with IP addresses that can be used to track via ISPs (yes, I tried that).

The device only had one configured WiFi network - mine - in addition to whatever Apple includes by default like AT&T. Using the location I was able to scan WiFi networks in the neighborhood of the thief - there are over 20, but no 'public' SSIDs. It is a college apartment community and everyone appears to be reasonably paranoid. I believe that given this my assumption is reasonable.

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