Police Cannot Search a Smartphone Left Unattended Without a Passcode

A person does not lose their expectation of privacy in their smartphone that is left unattended and without an access passcode

State v. Peoples, 2016 BL 296299, Ariz., No. CR-15-0301-PR, 9/12/16.

The Arizona Supreme Court found that a person’s expectation of privacy does not disappear when a smartphone is left unattended without a passcode. The court upheld a broad expectation of privacy in a personal smartphones because of the amount of personal information found on a phone. This line of reasoning follows the U.S. Supreme Court’s rationale in Riley v. California, which placed the requirement on police to obtain a warrant before searching a person’s smartphone. In their decision, the Arizona Supreme Court said, “Cell phones are intrinsically private, and the failure to password protect access to them is not an invitation for others to snoop.”

http://www.bloomberglaw.com/public/document/State_v_Peoples_No_CR150301PR_2016_BL_296299_Ariz_Sept_12_2016_Co.