Montana police do not have automatic authority to search your phone during a traffic stop.
According to state law and recent court decisions, law enforcement must generally obtain a warrant before searching electronic devices such as cell phones, unless there is a recognized exception such as your consent or exigent circumstances.
If you are pulled over, officers may request your identification, registration, and proof of insurance, but they cannot search your phone without your permission or a legal justification.
If you give consent, police may only search the specific information or app you agreed to; they cannot expand the search to other parts of your phone without additional consent or legal authority.
The Montana Supreme Court has ruled that consent to search one part of a phone does not extend to a full search of the device.
You are not required to answer questions beyond providing your identification and vehicle documents, and you can clearly state that you do not consent to a search of your phone.
Montana’s legal framework and constitutional protections reinforce strong privacy rights for digital information, requiring law enforcement to respect the boundaries of consent and to obtain a warrant for broader searches in most cases.
If police search your phone without your consent or a warrant, any evidence found may be suppressed in court.
Sources:
1. https://archive.legmt.gov/bills/2013/Minutes/Senate/Exhibits/jus77a01.pdf
2. https://www.montanacriminallawyer.com/post/i-got-pulled-over-now-what
3. https://codes.findlaw.com/mt/title-44-law-enforcement/mt-code-ann-sect-44-2-117/
