Can Minnesota Police Search My Phone During a Traffic Stop? Here’s What the Law Says

In today’s digital age, our smartphones hold vast amounts of personal information. If you’re pulled over by law enforcement in Minnesota, you might wonder whether police have the right to search your phone during a traffic stop. Here’s a clear breakdown of your rights and what the law says.

Your Rights During a Traffic Stop

In Minnesota, police cannot search your phone during a routine traffic stop unless one of two conditions is met:

• You Give Consent: If an officer asks to search your phone and you agree, they may examine its contents. However, you are not required to give consent and can politely refuse.
• They Have a Search Warrant: Police must obtain a search warrant from a judge, supported by probable cause, before accessing your phone’s data. This applies even if they suspect you of texting while driving.

Exceptions to the Warrant Requirement

• Plain View: Police may seize your phone if it’s in plain view and they believe it contains evidence of a crime, but they still need a warrant to search its contents.
• Search Incident to Arrest: If you are arrested, police can take your phone, but a warrant is generally required to search what’s inside.

Unlocking Your Phone

If police have a valid search warrant, Minnesota courts may require you to unlock your phone, whether by passcode or fingerprint.

Key Takeaways

• You do not have to hand over or unlock your phone during a traffic stop unless police present a valid search warrant.
• You may always refuse a search unless a warrant is shown.
• If a warrant is issued, you must comply with unlocking your device.

Summary Table

Sources:

1. https://www.revisor.mn.gov/statutes/cite/13.82
2. https://criminallawyerminnesota.com/minnesota-law-on-cell-phone-seizure/
3. https://criminallawyerminnesota.com/cell-phone-search-warrant-defense/
4. https://arrestedmn.com/blog/things-to-know-about-search-and-seizure-in-minnesota/