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October 1, 2020

Proposal 2 Adds Constitutional Protections to Electronic Data and Communications

Contact: Eric Lupher
Company: Citizens Research Council of Michigan
Phone: 734-542-8001
Email: elupher@crcmich.org
Web: crcmich.org
Date: October 1, 2020

Livonia, MI – The Citizens Research Council of Michigan, a 104-year old not-for-profit organization dedicated to improving government in Michigan, has analyzed Proposal 2, a constitutional amendment on the November 3 ballot.

Like the federal Bill of Rights, Article I of the Michigan Constitution includes protections allowing individuals to be secure in their persons, houses, papers, and possessions. Proposal 2 would amend the Constitution to include electronic data and electronic communications in the items protected against unreasonable searches and seizure.

The characteristics of electronic property are nuanced, complex, and ever-changing with technological advancements. While the evolution of state and federal statutes and court rulings have lagged these advancements, police practices largely provide the protections Proposal 2 seeks to solidify in the state Constitution.

“Technology and electronic data have rapidly become an integral part of our everyday lives,” said Eric Lupher, President of the Citizens Research Council. “Our calendars, friendships, finances, and work lives are often contained on our cellphones and personal computers. While we want to be sure that this information is protected against unreasonable searches, it is not clear how much would change because of Proposal 2.”

A detailed analysis of Proposal 2 can be downloaded at crcmich.org.

Proposal 2 Adds Constitutional Protections to Electronic Data and Communications

Contact: Eric Lupher
Company: Citizens Research Council of Michigan
Phone: 734-542-8001
Email: elupher@crcmich.org
Web: crcmich.org
Date: October 1, 2020

Livonia, MI – The Citizens Research Council of Michigan, a 104-year old not-for-profit organization dedicated to improving government in Michigan, has analyzed Proposal 2, a constitutional amendment on the November 3 ballot.

Like the federal Bill of Rights, Article I of the Michigan Constitution includes protections allowing individuals to be secure in their persons, houses, papers, and possessions. Proposal 2 would amend the Constitution to include electronic data and electronic communications in the items protected against unreasonable searches and seizure.

The characteristics of electronic property are nuanced, complex, and ever-changing with technological advancements. While the evolution of state and federal statutes and court rulings have lagged these advancements, police practices largely provide the protections Proposal 2 seeks to solidify in the state Constitution.

“Technology and electronic data have rapidly become an integral part of our everyday lives,” said Eric Lupher, President of the Citizens Research Council. “Our calendars, friendships, finances, and work lives are often contained on our cellphones and personal computers. While we want to be sure that this information is protected against unreasonable searches, it is not clear how much would change because of Proposal 2.”

A detailed analysis of Proposal 2 can be downloaded at crcmich.org.

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