KALAMAZOO, Mich. — A new statewide proposal was expected to be on Michiganders' ballots on Tuesday, Nov. 3, 2020: Proposal 2.
Proposal 2 would amend the Michigan Constitution to protect electronic data and communications in the same way the law protects one's home and papers from unreasonable search and seizure.
Under Proposal 2, access to a person’s electronic data and communications would be protected from search and seizures performed by law enforcement and would require a warrant for them to be viewed.
While most Michigan law enforcement agencies consider any electronic data or communications to be private and protected from unlawful search and seizure, there is no explicit reference to that data in the state constitution.
State 20-2 Proposal
A proposed constitutional amendment to require a search warrant to access a person’s electronic data or electronic communications
This proposed constitutional amendment would:
In an analysis by the non-partisan Citizens Research Council of Michigan, the group noted Proposal 2 attempts to remove any ambiguity about whether a private citizen’s electronic data is explicitly protected.
Find a sample of the proposal here:
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