On one hand, the judge said the public is not entitled to a public employee's purely personal records.

"As recognized by the United States and Arizona Supreme Courts, an individual has a cognizable private interest in his or her personal cell phone,'' McMurdie wrote. But the judge said the line between public and private has to be resolved by a court looking at the information being sought to determine if it qualifies as a public record.

Here, McMurdie said, there is no question but that the officers were using their own cell phones to conduct police business while working.

The only thing that kept the trial judge from determining if what was on the cell phones crossed into the public realm, was that DPS contacted the officers who told them that what the couple wanted did not exist. Therefore, McMurdie said, there was no violation of the public records law.

But what remains, however, is the appellate court's clear statement of Arizona law.

"A public employee's private cell phone records pertaining to the conduct of public business may become public records subject to disclosure if a public records requestor establishes the employee used the cell phone for a public purpose,'' the court concluded.