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Court to hear cellphone evidence case involving probationer

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Posted at 6:32 AM, Nov 21, 2019
and last updated 2019-11-21 08:32:13-05

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.