Can My Cellphone Data Be Used as Evidence After an Arrest in Michigan?

Cellphones have become integral to our lives, storing personal messages, photos, GPS data, and sensitive information. So, it’s not surprising that law enforcement often seeks to access cellphone data as evidence in criminal cases.

If you’ve been arrested in Michigan, you may wonder whether your cellphone data can be used against you. The short answer is yes, but it’s not as straightforward as you might think. Here, our East Lansing criminal defense lawyer at Ben Hall Law explains when and how your cellphone data can be used as evidence and the legal protections you have.

The Fourth Amendment and Your Cellphone: A Shield Against Unreasonable Search

The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures, meaning law enforcement cannot simply browse through your phone’s data without cause. In Michigan, police typically need a search warrant to access your cellphone data. A judge must issue this warrant based on probable cause—clear evidence suggesting the phone may contain information related to a crime.

What Cellphone Data Can Be Accessed with a Warrant?

A search warrant can grant law enforcement access to various types of cellphone data. However, even with a warrant, officers must specify the data type they seek. A general “fishing expedition” is not allowed.

The type of cellphone data that can be retrieved with the proper warrant includes:

• Call logs: Records of incoming and outgoing calls.
• Text messages and emails: Content of messages, both sent and received.
• GPS location data: Information showing where you were at a specific time.
• Browsing history and app data: Websites visited, social media activity, and other app data.

Are There Exceptions to the Warrant Requirement?

While a warrant is usually needed, there are exceptions where law enforcement may access your cellphone data without one.

That includes:

• Exigent Circumstances: If law enforcement believes there is an immediate threat, such as preventing the destruction of evidence, they might argue that accessing cellphone data without a warrant is necessary. For example, if officers suspect a co-conspirator may be tipped off or evidence deleted, they could invoke exigent circumstances.
• Consent: If you voluntarily give police permission to search your phone, they can access your data without a warrant. It’s critical to know that you are not obligated to consent to a search and can politely decline.
• Plain View Doctrine: If data or information is in plain view—such as a text message visible when the phone screen is on—police may use it as evidence without a warrant. However, this is generally limited in scope and can be challenged in court.

Can Michigan Police Compel You to Unlock Your Phone?

Law enforcement cannot force you to provide your phone’s passcode, as this is considered a testimonial act protected by the Fifth Amendment’s right against self-incrimination. However, depending on the technology used and the case circumstances, they may be able to use other means, such as facial recognition or fingerprint scanning, to unlock the device.

Challenging the Use of Cellphone Evidence in Michigan Courts

Navigating the legal complexities of cellphone data as evidence requires a skilled defense strategy.

Our seasoned Michigan criminal defense attorney can:

• Analyze the warrant: Determine if the warrant was valid and specific enough.
• Assess exceptions: Evaluate whether any claimed exception to the warrant requirement was legitimate.
• File a motion to suppress: Seek to exclude unlawfully obtained evidence.
• Advocate for your rights: Defend against charges that rely heavily on questionable cellphone data.

If your cellphone data was obtained unlawfully—without a warrant or through a violation of your rights—our attorney can file a motion to suppress the evidence. If the judge grants the motion, the illegally obtained data cannot be used against you in court.

Contact Our Criminal Defense Lawyer in Michigan Today

Our Michigan criminal defense attorney will ensure law enforcement adheres to legal procedures while developing a solid defense strategy to safeguard your rights. Call (877)-236-4255 or contact us online. Your fight is our fight. Let’s get started.