DES MOINES, Iowa (AP) – A divided Iowa Supreme Court has overturned the robbery conviction of an Iowa City man establishing that police can’t search someone’s personal belongings without a warrant even when the items are in the home of another person who consents to a search. The case involves a backpack owned by Marvis Latrell Jackson located in an Iowa City apartment housing men police suspected of robbing a pizza restaurant on Dec. 31, 2012.

One of the apartment’s occupants consented to a search but police did not ask Jackson if they could search his backpack where they found a gun and cash. Justices in a 4-3 opinion say officers should’ve gotten a warrant or Jackson’s permission to search the backpack. They threw out Jackson’s conviction and ordered a new trial.