Michigan ballot proposals include changes to police data rules

Proposal 2

The language:

"A proposed constitutional amendment to require a search warrant in order to access a person’s electronic data or electronic communications.

This proposed constitutional amendment would:

• Prohibit unreasonable searches or seizures of a person’s electronic data and electronic communications.

• Require a search warrant to access a person’s electronic data or electronic communications, under the same conditions currently required for the government to obtain a search warrant to search a person’s house or seize a person’s things.

Should this proposal be adopted?"

What it means:

This ballot proposal is coming before voters after years of effort by Sen. Jim Runestad, R-White Lake, to define electronic data and communications as private property.

If passed, the measure would amend the Michigan Constitution to include electronic data such as texts and emails under property protected from unreasonable search and seizure, and would require Michigan law enforcement to obtain a warrant before accessing a person’s data.

Runestad said he’s concerned that without specific protections written into the Constitution, police departments could be using advanced cell tower simulators like Hailstorm or Stingray to collect personal electronic data from individuals without a warrant.

Currently, only two departments in Michigan - the Michigan State Police and the Oakland County Sheriff’s Department - have access to that equipment, although both departments require warrants for their use.

But Runestad said he’s heard of departments in other states have using such equipment without warrants frequently. He’s hoping the proposal he spearheaded will broadly protect state residents from warrantless search and seizure of their electronic records, regardless of the technology used.

“The way it was written is so broad that if they’re going to look at any of your electronic data and communications - if it’s a GPS system, if it’s your cell phone, if it’s your computer, your laptop, zip drive, whatever it is - they are not allowed to look at that unless they get a warrant,” he said. “And if there’s new technology, that same thing’s going to adhere.”