Montana police cannot search a phone during a traffic stop without a warrant or valid consent from the device owner, according to state law and constitutional protections.
State Law and Constitutional Protections
- Montana’s constitution and recent amendments specifically protect electronic data, including cell phones, against unreasonable search and seizure—meaning a search warrant is required for police to search your phone.
- The Montana Supreme Court and legislature have made the state a leader in cell phone privacy, requiring a warrant for accessing both location information and contents on your mobile device.
Exceptions and Consent
- The primary exception occurs if an individual voluntarily consents to the search; without consent or a warrant, police cannot lawfully access the data stored in your phone during a traffic stop.
- If police claim probable cause, they must still justify and obtain a search warrant—even in urgent circumstances, Montana law allows for electronic or telephonic search warrants, but legal procedures must be followed.
Practical Guidance
- If Montana police request access to your phone during a traffic stop, you have the right to decline consent unless they show a warrant; denying access cannot be used as evidence against you.
- Any search performed without consent or a proper warrant is considered illegal and any resulting evidence will likely be inadmissible in court.
Table
Montana law provides strong privacy protections: police need a warrant or genuine consent to search your phone during any traffic stop.
Sources
(https://archive.legmt.gov/bills/2013/Minutes/Senate/Exhibits/jus77a01.pdf)
(https://www.montanacriminallawyer.com/post/i-got-pulled-over-now-what)
(https://reason.org/voters-guide/montana-c-48-search-warrant-for-electronic-data-amendment/)
(https://www.aclumontana.org/en/news/montana-first-nation-protect-you-cell-phone-tracking)
(https://cdt.org/insights/montana-tells-police-no-location-tracking-without-a-warrant/)
