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The Arizona Supreme Court ruled Monday that a person’s cell phone cannot be searched without a warrant and that a person should have an expectation of privacy when bringing a cell phone to a friend’s home.
The court upheld a lower court’s decision saying a Tucson man’s right to privacy extended to the contents of his cell phone when he was visiting his girlfriend’s apartment.
Police responded to a call that the man's girlfriend was unresponsive. When an officer checked a cell phone in the apartment, looking for the woman’s contacts, he saw a video. The phone belonged to the man, who was then charged with necrophilia and sexual assault.
He argued the police search of his phone was without a warrant, so the video could not be used to prove the charges against him.
The court agreed, and said overnight guests have a reasonable expectation of privacy in their host’s homes. The court also said a person’s cell phone is protected against warrantless search.
