In today’s digital age, our cell phones contain loads of personal, private information. For some of us in Michigan, they hold most of our important personal information. From text messages and photos to financial information and health data, nearly every aspect of our lives is stored on our phones. Because of this, Michigan courts treat search warrants for cell phones with heightened constitutional scrutiny under the Fourth Amendment’s particularity requirement. A recent Michigan Supreme Court case has reiterated the strict requirements that police must meet in order to get a search warrant for cell phone data. If you find yourself in a situation where police want to search your phone, it’s important to understand what your rights are and you should also remember you have no obligation to consent to a search of your cell phone. Best advice is to not consent to any searches.
The Fourth Amendment and Particularity Requirement
The Fourth Amendment to the U.S. Constitution, as well as protections in our Michigan Constitution, requires that a search warrant describe with particularity the place to be searched and the items to be seized. The purpose is to prevent the government from conducting broad fishing expeditions into your private life without probable cause. This standard also applies to all the data in a cell phone. A warrant must be specific about what investigators are looking for (for example, text messages between certain dates or location data tied to a crime). The warrant cannot simply state “any and all data.”
People v. Carson
In People v. Carson (2023), the police obtained a warrant to search all data on the phone and did not include any specifics about what was being searched for. The Michigan Supreme Court found this violated the particularity requirement of the fourth amendment because it allowed officers to search through photos, videos, and health information unrelated to the crime.
Our Supreme Court emphasized that simply stating the crime under investigation is not enough. Investigators must narrowly tailor the scope of the warrant by:
- Defining categories of data (e.g., text messages, call logs, GPS data).
- Using time limits (e.g., only data from May to July 2023).
- Tying the data sought to the specific crime being investigated.
Other Michigan Cases
- People v. Hughes – The Michigan Supreme Court held it was unconstitutional when police searched a phone for evidence of a different crime without getting a new warrant.
- People v. Bogucki – The Michigan Court of Appeals upheld a warrant that properly limited the search by categories (such as web activity, location data, and social media) and by time frame.
Seizure vs. Search of a Cell Phone
It is important to understand the difference between a search and a seizure. Police may seize a cell phone with cause. A common circumstance involving the seizure of a cell phone is when a person is arrested and all items in their possession (including their cell phone) are seized. This does not automatically grant police the authority to search the cell phone even though they seized the phone.
Police may search the contents of a cell phone only after they obtain a warrant (or have a recognized exception). In order for the search to be valid, the warrant must specify the data to be searched, and police are only allowed to search that data.
FAQs: Search Warrants for Cell Phones in Michigan
Can police search my phone without a warrant in Michigan?
Generally, no. The Fourth Amendment requires a warrant, unless an exception applies (such as consent or exigent circumstances). If police have searched your phone without a warrant, you should consult with an attorney.
What happens if the warrant is too broad?
Evidence obtained from a warrant that does not meet the requirements of the Fourth Amendment may be tossed out—meaning it cannot be used against you.
Do police have to specify dates or types of data?
Yes. Warrants that specify limits and data categories that tie directly to the alleged crime are likely to be upheld.
Why You Need an Attorney
Given the vast amount of personal and sensitive data that we have on our cell phones, it’s important that we know how to protect yourself. If police have illegally searched your phone in Michigan, you need an experienced Michigan criminal defense attorney who understands both the constitutional limits and Michigan law to defend you. An experienced attorney can:
- Challenge overly broad or vague warrants.
- Ask the court to suppress illegally obtained evidence.
- Ensure that your privacy rights are fully protected.
Protect Your Rights
You should never have to navigate a criminal case alone, especially when your rights have been violated. Michigan case law is clear: warrants must be narrowly tailored to satisfy the requirements of the Fourth Amendment. At The Kronzek Firm, we understand how important your privacy is. We can defend you in cases where unconstitutional searches led to serious criminal charges against you. Contact us to schedule a consultation and let us fight for you.
📞 Our attorneys have helped clients throughout the lower half of the Lower Peninsula of Michigan for decades. You can reach all of our offices 24/7 by calling 866-766-5245 (866 7NoJail). You can also reach us by email at contactus@kronzek.law.
You can also text our main office at 517 886-1000, but texting only works from 9 a.m. until 8 p.m..
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]
