Do the police need a warrant to search your phone?

On Behalf of Kirsch Daskas Law Group | Jan 7, 2021 | Sexual assault 

You’re facing allegations of digital sex crimes or criminal activity. Maybe the police believe you took illegal explicit pictures and videos, for instance, or perhaps they believe you talked to someone else about sex crimes committed in person. Either way, they think that there is evidence on your phone. 

For a moment, forget what happened or did not happen. The pressing question you have is whether or not the police can search your phone — no matter what is on it. Do they need to get a warrant?

Proposal 2 in Michigan passed in 2020

Last year, Michigan voters were asked via Proposal 2 if the police should be required to get a warrant for digital information and electronic data. The vast majority — 90% of voters — said that this should be the law. 

It’s clear that people believe that warrants should be necessary and that digital information should be protected. The police typically can’t just storm into your home and start looking around your computer without a warrant. Why wouldn’t the same be true for a phone? Even if the police confiscate your mobile device, they may not be able to access it. This means they need your consent. If they can’t get it, the new proposal means that they’ll have to go to a judge and get a warrant. 

Did the police violate your rights?

In the United States, personal information is protected and guarded. It’s part of the freedom you deserve. If the police violated those rights or if you’re simply facing criminal charges, you must know what legal steps to take to protect your interests. A defense attorney can help. Whether a search of your phone led to sex crime charges or something else, you need a strong defense.