SUMMARY OF INTRODUCED BILL
The joint resolution would amend Article I (Declaration of Rights), Section 11 of the Michigan Constitution to specify that the electronic data and electronic communications of every person would be secure from unreasonable searches and seizures, and that a warrant would be required to gain access to those materials.
The Constitution specifies that the "person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures". Under the resolution, this provision also would apply to electronic data and electronic communications.
The Constitution also specifies that no warrant to search any place or seize any person or things may be issued without describing them, nor without probable cause, supported by oath or affirmation. Under the bill, this provision also would apply to gain access to electronic data or electronic communications.
If approved by a two-thirds vote of each house of the Legislature, the joint resolution would have to be submitted to the electors of the State at the next general election.
The resolution would have no fiscal impact on State or local government.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.