State of Arizona v. Robin Peoples

JUSTICE TIMMER,

opinion of the Court:

¶ 1 The issue in this case is whether an overnight guest who left his cell phone in his host’s apartment lost his legitimate expectation of privacy in that phone, thereby defeating his challenge to a warrantless search of the phone. We hold that the defendant here did not lose his expectation of privacy in his phone. And as an overnight guest, he had a legitimate expectation of privacy in the apartment. Because no exception to the warrant requirement existed, and the good-faith exception to the exclusionary rule did not apply, the trial court properly…