Voters consider adding tech devices to searchwarrant rule

DETROIT » Michigan voters are being asked to amend the state constitution by requiring a search warrant before police examine a wireless phone or other electronic devices.

The U.S. Supreme Court in 2014 said warrants are necessary in an age when phones and computers are loaded with sensitive information. The proposed amendment would affirm that position by locking it in Michigan’s chief legal document.

Michigan would join 12 states with similar provisions, according to the Citizens Research Council of Michigan.

“I personally will vote for it. It represents strong protections for electronic data,” said Bill Vailliencourt, the Livingston County prosecutor and past president of the Prosecuting Attorneys Association of Michigan.

“If the U.S. Supreme Court were ever to change its interpretation of the Fourth Amendment, this would provide separate protection,” he said.

The House and Senate unanimously voted to place the amendment on the Nov. 3 ballot. Sen. Jim Runestad, a Republican from Oakland County, had tried for years to put it in front of voters but couldn’t get it through the Legislature until 2020.

He said he was partly inspired by the use of surveillance devices, known as Sting Rays or Hailstorms, that act like a cell tower and often connect to cellphones.

“There’s not going to be any wiggle room — oh, well, we’ll worry about the warrant later. No, you better have a warrant or you’re going to be in trouble,” Runestad said.