- Warrant Requirement: Montana law requires police to obtain a search warrant before accessing location information or searching electronic devices like cell phones. This means that unless there is a warrant, police cannot legally search your phone.
- Exceptions: There are exceptions to this rule, such as exigent circumstances where there is an immediate need to prevent destruction of evidence or a threat to public safety. However, these exceptions are narrowly defined and must meet specific legal criteria.
- Consent: If you consent to a search, police can proceed without a warrant. However, the scope of the search should be limited to what you have consented to. It is important to understand that giving consent can lead to broader searches than intended, so it’s crucial to be clear about what you are allowing.
- Montana’s Constitutional Protections: Montana has been proactive in protecting digital privacy, with laws and proposed amendments aimed at ensuring that electronic data is safeguarded from unreasonable searches and seizures. This includes a comprehensive law requiring warrants for location tracking and other digital information.
- https://www.montanacriminallawyer.com/post/i-got-pulled-over-now-what
- https://cdt.org/insights/montana-tells-police-no-location-tracking-without-a-warrant/
- https://www.eastidahonews.com/2023/11/can-idaho-police-legally-search-your-phone-during-a-traffic-stop-heres-what-the-law-says/
- https://www.aclu.org/news/civil-liberties/in-montana-your-right-to-cell-phone-privacy-is-up-for-debate
- https://reason.org/voters-guide/montana-c-48-search-warrant-for-electronic-data-amendment/
