It’s good to see that Minnesota has taken a step in the right direction.  With Barajas, Minnesota has recognized at least some level of privacy in a cell phone.  While this doesn’t protect all information in a cell phone, it does offer some level of protection.

A11-0983        State of Minnesota, Respondent, vs. Marco Antonio Leon Barajas

Because a person has a reasonable expectation of privacy in the concealed contents of a cellular telephone, a search of the contents by the police is constitutionally unreasonable unless the police obtain a warrant or demonstrate the existence of a recognized exception to the warrant requirement.


By: Landon J. Ascheman, Esq.

(B) 612.217.0077 (C) 651.280.9533