HJR-N, As Passed House, June 2, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE JOINT RESOLUTION N

 

(as amended June 1, 2016)

 

March 26, 2015, Introduced by Reps. Runestad, Gamrat, Courser, Hooker, Franz, Glenn, Forlini, Somerville, Johnson, Rendon, Irwin, Robinson, Dianda, Bumstead, Canfield, Vaupel, Santana, Lauwers, Leutheuser, McBroom, Goike, Singh, Chatfield, Tedder, Graves, Howrylak, Sheppard and Theis and referred to the Committee on Criminal Justice.

 

     [A joint resolution proposing an amendment to the state

 

constitution of 1963, by amending section 11 of article I, to require the

 

government to obtain a search warrant in order to access a person's

 

electronic data or electronic communication.

 

     [Resolved by the Senate and House of Representatives of the state

 

of Michigan, That the following amendment to the state constitution of

 

1963, to require the government to obtain a search warrant in order to

 

access a person's electronic data or electronic communication, is

 

proposed, agreed to, and submitted to the people of the state:]

 

ARTICLE I

 

     Sec. 11. The person, houses, papers, and possessions, and

 

electronic data and [electronic] communications of every person shall be

secure

 


House Joint Resolution N as amended June 1, 2016

from unreasonable searches and seizures. No warrant to search any

 

place or to seize any person or things or to access electronic data

 

or [electronic] communications shall issue without describing them, nor

without

 

probable cause, supported by oath or affirmation. The provisions of

 

this section shall not be construed to bar from evidence in any

 

criminal proceeding any narcotic drug, firearm, bomb, explosive or

 

any other dangerous weapon, seized by a peace officer outside the

 

curtilage of any dwelling house in this state.

 

     Resolved further, That the foregoing amendment shall be

 

submitted to the people of the state at the next general election

 

in the manner provided by law.