LANSING – Lost amid the slew of

conference committees approving budgets last week, a joint resolution extending

the Michigan Constitution’s prohibition against unreasonable government search

and seizures to electronic data and communications was sent to the House floor.

HJR

N was unanimously reported by the House Criminal Justice Committee. The

resolution would need two-thirds support in both the House and Senate, and

would need to be approved by voters in November 2016.

Gideon D’Assandro, spokesperson for

House Speaker

Kevin Cotter (R-Mount Pleasant), did not indicate when the resolution would

come up for a full House vote, saying the chamber does not take up

constitutional amendments often.

“This is an important issue and

one that needs to be addressed nationwide,” Mr. D’Assandro said.

“That said, it is too early to say when we will be taking it up. We don’t

often tackle resolutions like this, so members are going to need more time to

learn about the implications and research the issue.”

Rosie Jones, spokesperson for the

House Democrats, said it also was too soon for a caucus position on the matter,

and Rep.

Vanessa Guerra (D-Bridgeport), minority vice chair of the House Criminal

Justice Committee, could not be reached Monday.

But Department of State Police

legislative liaison Amy Dehner said Monday the change is unnecessary.

“I would say that the way

Article I reads, that is already protected,” Dehner said about

electronic data and communications. The department is opposed to the bill, but

continuing discussions with legislators, she said.

Article I, Section 11 of the

Constitution reads, in part: “The person, houses, papers and possessions

of every person shall be secure from unreasonable searches and seizures. No

warrant to search any place or to seize any person or things shall issue

without describing them, nor without probable cause, supported by oath or

affirmation.”

The resolution would add electronic data or communications to both sentences. Currently, Attorney

General Bill Schuette‘s office is reviewing the proposal, and the American

Civil Liberties Union of Michigan is supportive.

Dehner said the MSP also feels

the resolution is too broad as worded, and the department is worried about

unintended consequences.

“We’re still opposed to it

primarily because, the way it is worded, we feel like it is unnecessary, and

additional language about accessing data is broad, and we don’t know how it is

going to apply,” she said.

This story was published by Gongwer

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