Arizona Supreme Court

State of Arizona, Appellant v. Robin Peoples, Appellee

September 12, 2016240 Ariz. 244

Summary

The court held that Peoples retained a legitimate expectation of privacy in his cell phone after leaving it temporarily in his host's apartment and also retained overnight-guest privacy in the apartment. The warrantless search violated the federal and state constitutional protections against unreasonable searches, and the good-faith exception did not save the evidence because the officer lacked an objectively reasonable belief that the phone belonged to the deceased or that Peoples had ended his stay. The court reversed the court of appeals and affirmed the suppression order.