Michigan Supreme Court Rules Unrestricted Phone Searches Violate Fourth Amendment

The Michigan Supreme Court has drawn a firm line around digital privacy, ruling that police cannot use overly broad warrants to comb through every corner of a person's phone. From a report: In People v. Carson, the court found [PDF] that warrants for digital devices must include specific limitations, allowing access only to information directly tied to the suspected crime. Michael Carson became the focus of a theft investigation involving money allegedly taken from a neighbor's safe. Authorities secured a warrant to search his phone, but the document placed no boundaries on what could be examined.

It permitted access to all data on the device, including messages, photos, contacts, and documents, without any restriction based on time period or relevance. Investigators collected over a thousand pages of information, much of it unrelated to the accusation. The court ruled that this kind of expansive warrant violates the Fourth Amendment, which requires particularity in describing what police may search and seize.

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