The issue focused on an officer's question to a police spokesman: "What you do for the rest of your life? You just want to have more people at your side. But it would be really hard to know."

Kunz was found not guilty in 2012, and this year he had his case taken up by a group of others who were given two years' probation. The state has been trying to make its case that she is now free to use her phone.

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