People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.
Minnesota’s Fourth Amendment law offers protection against unconstitutional phone searches and seizures. The state courts apply this law when hearing cases related to evidence obtained through phone searches. If you’re a victim of an unlawful search and seizure, you can challenge the illegal action by the police. You need a strong legal defense to challenge the evidence obtained during the search. An experienced Minnesota criminal defense attorney can help you have the evidence excluded from your case.
Call Keller Criminal Defense Attorneys at (952) 913-1421 immediately if the police have seized your phone or are forcing you to grant access. With over 25 years of experience, we take a personalized approach to every case. We will investigate the search and seizure to collect evidence that can help convince the judge to grant an evidence suppression or case dismissal motion.
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When Can Police Legally Search Your Phone in Minnesota?
In Minnesota, it’s against the law for the police to search you, your house, documents, and other effects (including your cell phone) without a warrant. Courts issue a search warrant if police officers can demonstrate that they have compelling evidence to believe your phone has proof of a crime. For instance, the police may use a warrant to search your phone for information tied to a drug case in Minnesota.
Minnesota laws, however, outline circumstances in which law enforcement officers may search your phone without a warrant. They include:
- Emergency situations: The police don’t need a warrant to search your phone during exigent circumstances. A perfect example is when someone’s life is in danger.
- Searches during lawful arrests: When law enforcement agents arrest you legally, they may search you for weapons, phones, and drugs. They must frisk you for their own safety. They may search your phone if they believe there is a risk of evidence destruction.
- Consent: Police officers may search your phone after you consent. Consent refers to an informed and affirmative permission from an individual that the police believe has the authority to do so. The consent must always be voluntary.
- The plain view doctrine: The cops may also search your phone if it’s unlocked and in plain sight. They must, however, have a legitimate probable cause to search the phone.
How Minnesota Courts Apply the Fourth Amendment to Cell Phone Searches
The Fourth Amendment protects every American from illegal searches and seizures by law enforcement agents. This law primarily protects your home from unconstitutional searches. The protection extends to persons, papers, and effects. However, the Minnesota Fourth Amendment provides more protection than the federal one.
The Fourth Amendment rights and search warrants are greatly enforced when it comes to home searches. Your phone may have more protection against searches. This is because a mobile phone holds incredible amounts of your private data and information. The courts recognize that cell phones are legally distinct from other items seized during an arrest. Law enforcement officers must obtain a court-approved warrant to access this data. They must have probable cause for the court to issue the warrant.
You, however, don’t enjoy the same level of protection during outdoor police encounters. Phone searches during police encounters on the streets are subject to a reasonableness test. Police may have grounds to search the phone based on a reasonable motive.
What to Do If the Police Search Your Phone Without a Warrant
Law enforcement officers must act reasonably when conducting searches and seizures. If the police unlawfully searched your phone, you have the right to challenge their actions in court. You can petition the court to suppress or dismiss evidence or social media activity obtained from your phone during the illegal search.
Documenting the unlawful search can help your case. If possible, record a video of the police searching your phone or other effects. Obtain their names, badge numbers, and other details. The next step is to get a criminal defense lawyer involved. A lawyer can investigate the actions that might have violated your rights after an arrest in Minnesota. The lawyer can file a motion to suppress evidence if the officers searched your phone without a warrant or justified probable cause.
Minnesota enforces a strict “Exclusionary Rule.” Under this rule, any evidence collected illegally can be withdrawn from the case. That includes incriminating information directly discovered or leads police find as a result of the search. By filing a motion to dismiss, your lawyer fights the admissibility of the evidence. Successfully getting the evidence excluded weakens the prosecution’s case and increase the chances of an acquittal or case dismissal.
Don’t battle an unlawful search and seizure alone. Keller Criminal Defense Attorneys is available 24 hours a day to defend your constitutional rights. Contact us today to begin building a winning defense strategy.
Frequently Asked Questions (FAQs)
My Phone Doesn’t Have a Pass Code or Facial Recognition. Can the Police Search it Without a Warrant After Arresting Me?
The police cannot search your phone without a warrant, even if it has no access password or code. They can only search it without a warrant if you voluntarily consent or if exceptions apply to your situations.
Can the Police Search My Phone if They Obtained it When Searching My Home With a Warrant?
Your phone’s privacy is protected under the Fourth Amendment if it’s found on you. However, if the police seized it as part of evidence obtained during a home search, they can search it.
Can I Refuse to Provide My Phone’s Facial Scan or Fingerprint Under the Fifth Amendment?
Fingerprints and facial scans fall under non-testimonial physical evidence. So, you cannot generally refuse to provide them by asserting your rights to remain silent because you don’t have to communicate.
