If I am stopped by Michigan police, may they search my phone? According to the Law,

As of 2025, Michigan law enforcement cannot search your phone during a traffic stop without a warrant or your consent. Here’s what you need to know:

Constitutional Protections

The Fourth Amendment of the U.S. Constitution and Article I, Section 11 of the Michigan Constitution protect individuals from unreasonable searches and seizures, including electronic data and communications. This protection extends to cell phones during traffic stops.

Warrant Requirement

Police officers in Michigan generally need a search warrant to access the contents of your cell phone. This requirement stems from:

1. The 2014 U.S. Supreme Court ruling in Riley v. California, which established that police need a warrant to search cell phones, even during arrests.
2. The 2020 amendment to the Michigan Constitution, which explicitly requires a warrant to access electronic data and communications.

Exceptions to the Warrant Requirement

There are limited circumstances where police may search your phone without a warrant:

1. Consent: If you voluntarily agree to let the officer search your phone.
2. Exigent Circumstances: In emergency situations where there’s an immediate threat to public safety.

Your Rights During a Traffic Stop

During a traffic stop in Michigan:

1. You have the right to refuse a search of your phone.
2. You’re only required to provide your license, registration, and proof of insurance.
3. Clearly state “I do not consent to a search” if an officer asks to look through your phone.

Recent Legal Developments

• In 2020, Michigan voters passed a constitutional amendment specifically protecting electronic data and communications from unreasonable searches.
• Michigan courts have affirmed that even answering a defendant’s cell phone constitutes a search requiring a warrant or exception.

What to Do If Searched Illegally

If you believe your phone was searched illegally during a traffic stop:

1. Document the incident, including the officer’s actions and statements.
2. Contact a criminal defense attorney to evaluate your case.
3. Consider filing a motion to suppress any evidence obtained through the illegal search.

Remember, while police may ask to search your phone during a traffic stop, you have the right to refuse. Always be polite but firm in asserting your constitutional rights.

Sources

1. https://wcrz.com/can-police-michigan-search-phone-during-traffic-stop/
2. https://dgmoorelaw.com/blog/2025/02/can-police-search-your-car-without-a-warrant-in-michigan/
3.  https://www.popularmechanics.com/technology/gadgets/a6718/are-smartphone-searches-legal-5603061/
4. https://www.baronedefensefirm.com/blog/do-michigan-police-need-a-warrant-to-search-my-cell-phone/
5.  https://www.michigan.gov/msp/le/legal-resources/legal-update/legal-updates/158