LANSING – Rep. Jim Runestad on Monday called for the Senate to take action on a joint resolution extending Michigan’s constitutional prohibition against unreasonable government search and seizures to include electronic data and communications, but the Senate is so far unsure on whether it would do so.
“It may be a topic of discussion for the caucus in September, but the Senate majority leader has not attached a specific timeline to this issue,” said Amber McCann, spokesperson for Senate Majority Leader Arlan Meekhof (R-West Olive).
HJR N was adopted by the House in early June by a vote of 107-1 but has sat on the Senate floor since the Legislature adjourned for its summer recess. The joint resolution requires warrants be used to access an individual’s electronic data and communication, which Mr. Runestad (R-White Lake) said in an op-ed is “a logical step in this modern-age of technology.”
“The right of individuals to be secure from unreasonable searches and seizures is fundamental, which is why it is enshrined in the U.S. and Michigan constitutions. There ought to be no difference when it comes to government searches of electronic property and physical property,” he said.
Runestad also said for the most part, law enforcement has recognized electronic data as property and has upheld people’s rights to privacy, but since it is not spelled out in law or the Constitution, “the opportunity is there for abuses at the local, state and federal level,” he said.
“With the increasing government intrusions into the electronic happenings of private, innocent citizens and the federal law now providing for law enforcement officials to access data from social media accounts, I wholeheartedly believe that state lawmakers need to stand up and protect the privacy rights of Michiganders,” Runestad said.
If the resolution were to pass before September 8, it would be included on the November statewide ballot. The Senate is due back on September 6 for its usual Tuesday-Thursday legislative schedule but then breaks again for a week, returning September 20-22, then breaking again until mid-October.
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