/ Modified sep 12, 2016 2:52 p.m.

Cell Phone Search Requires Warrant, Arizona Supreme Court Says

Right to privacy extends to one's phone even when it is in another's apartment, judges wrote.

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Mariana Dale, AZPM

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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.

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