Michigan Voters Add Privacy Protections to the State Constitution

On November 3, 2020, Michigan voters approved a state constitutional amendment that prohibits unreasonable search and seizure of electronic data and communications and will require law enforcement officers to obtain a warrant before searching through suspects’ electronic data and communications.

The Fourth Amendment to the United States Constitution provides protection from unreasonable searches and seizures but the scope of its application to electronic data is subject to developing caselaw.  The U.S. Supreme Court has ruled that warrants are required to access a suspect’s cell phone and tracking data but whether these decisions extend protections to other forms of electronic data remains unclear.  A state constitutional amendment will ensure that Michiganders’ privacy rights in their electronic data will now be protected.

It is not surprising that states, traditionally regarded as the “laboratories of democracy,” are leading the charge on protecting privacy rights.   Although the United States Constitution does not have an explicit right to privacy, a number of states, including Alaska, Arizona, California, Florida, Hawaii, Illinois, Louisiana, Montana, New Hampshire, South Carolina and Washington have explicit constitutional provisions relating to a right to privacy.  In addition, Michigan now joins Missouri in providing an explicit constitutional protection from unreasonable searches and seizures for electronic communications or data.

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