Wexford Co. Prosecutor Breaks Down Proposal 2 on November Ballot
Michigan voters are being asked on the November ballot to amend the state constitution requiring a search warrant for electronic devices.
“The reason why we have that in our Bill of Rights is to protect people from the government,” says Jason Elmore, Wexford County Prosecutor.
Proposal 2 would add language to the Michigan State Constitution that requires a search warrant to access electronic data or electronic communications.
The proposal would also keep police from unreasonable searches and seizures of wireless phones or other devices.
Elmore says, “Let’s say a police officer does an arrest of somebody and has the phone device, before we can go into that phone, they would need consent from the individual or a search warrant.”
In 2014, the U.S Supreme Court ruled that warrants are necessary in today’s times when phones and computers may have sensitive information. The proposed amendment would affirm the Supreme Court’s position by putting it into the state’s constitution.
“If voters approve it, fine, the language gets added to the constitution and it requires law enforcement to get a search warrant,” says Elmore. “However, if the voters for some reason were not to pass it, law enforcement still needs to go get the search warrant because that’s what the us supreme court has told us.”
Robert Eggle in Cadillac says protecting individual rights are important to him:
“It’s a part of our American heritage, to protect each other. It’s what I fought for that’s why i’m proud to be a veteran.”
As well as fighting to preserve our American freedom to vote.
“Just encourage everyone to vote, that’s what us veterans fought for is the right to vote,” says Eggle. “So, it’s important for every person to vote, don’t not vote.”