Search Warrant for Electronic Data Amendment
Michigan Ballot Measure - Proposal 2
Election: Nov. 3, 2020 (General)
Outcome: Passed
Categories:
Criminal JusticeCivil Liberties and Civil Rights
Summary
The joint resolution would amend Article I (Declaration of Rights), Section 11 of the Michigan Constitution to specify that the electronic data and electronic communications of every person would be secure from unreasonable searches and seizures, and that a warrant would be required to gain access to those materials.
The Constitution specifies that the "person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures". Under the resolution, this provision also would apply to electronic data and electronic communications.
The Constitution also specifies that no warrant to search any place or seize any person or things may be issued without describing them, nor without probable cause, supported by oath or affirmation. Under the bill, this provision also would apply to gain access to electronic data or electronic communications.
Measure Text
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article I, to require the government to obtain a search warrant in order to access a persons electronic data or electronic communication.
Resolved by the Senate and House of Representatives of the state of Michigan, That the following amendment to the state constitution of 1963, to require the government to obtain a search warrant in order to access a person's electronic data or electronic communication, is proposed, agreed to, and submitted to the people of the state:
ARTICLE I
Sec. 11. The person, houses, papers, possessions, electronic data, and electronic communications of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things or to access electronic data or electronic communications shall issue without describing them, nor without probable cause, supported by oath or affirmation. The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house in this state.
Resolved further, That the foregoing amendment shall be submitted to the people of the state at the next general election in the manner provided by law.
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