House approves legislation defining electronic property rights

Legislation sponsored by state Rep. Jim Runestad to protect electronic property from unreasonable search and seizure received unanimous bipartisan approval today from the Michigan House of Representatives.

Runestad’s resolution proposes amending the Michigan Constitution to make crystal clear that the government must generally obtain a search warrant to access a person’s electronic data or communications. Because the resolution proposes a constitutional amendment, the measure would have to be placed on the ballot and approved by a majority of voters before becoming law.

“Both the state and U.S. Constitution require law enforcement officers to show probable cause and obtain a warrant before they search our personal effects, but technology has evolved and we need to make sure legal protections still apply,” said Runestad, of White Lake. “This resolution ensures private information on our phones, computers and other electronic devices is protected from unreasonable search and seizure.”

The state of Missouri adopted this protection through a direct vote of the people in 2014. This modified Missouri’s Constitution to provide that a warrant be required to access the personal data and electronic communications of individuals in the state. This bill passed overwhelmingly in the Missouri legislature and by 75 percent on the vote of the people.

House Joint Resolution C now advances to the Senate for consideration. If approved by two-thirds of the Senate, the measure would be placed on the November 2018 ballot.