LANSING, Mich. (AP) — A state constitutional amendment to designate electronic communication and data as personal property has made it onto the November ballot. If passed, the amendment would put the same protections given to “person, houses, papers and possessions” that are in the state constitution and the Fourth Amendment of the US Constitution. Law enforcement would require a warrant to access electronic data and communication. Michigan is not the first state to try to legislate for reasonable cause and a search warrant to obtain electronic data. Minnesota, Missouri, New Hampshire and more have also tried.
LANSING, Mich (AP) — A proposed constitutional amendment to consider electronic communication and data as personal property has unanimously passed the Michigan Senate. If it passes the state House, voters would decide in November whether or not to amend the Michigan Constitution to require law enforcement to obtain a warrant to search emails and cellphones seized during an arrest. Sponsor Sen. Jim Runestad says the change is essential to preserve personal privacy now that smartphones and other technologies are an integral part of daily life. He says "Americans shouldn’t be forced to choose between using new technologies and protecting their privacy from authority."