Court to hear cellphone evidence case involving probationer
PHOENIX (AP) — The Arizona Supreme Court has agreed to consider a case involving privacy rights and a warrantless search of the cellphone of a man who was on felony probation.
The court agreed Tuesday to review a state Court of Appeals ruling last March in favor of allowing prosecutors to present evidence that a probation surveillance officer obtained from the man’s phone.
A Pima County Superior Court judge previously hadn’t allowed the evidence to be considered in proceedings related to an indictment accusing Bryan Lietzau of sexual conduct with a minor.
The Court of Appeals ruling overturned the trial judge, ruling that Lietzau had “significantly diminished privacy rights as a probationer” and had accepted search conditions when he agreed to probation on an aggravated harassment conviction.