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Montana Voters Approve Constitutional Amendment For Search Warrants For Electronic Data

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Montana residents recently passed a constitutional amendment that will protect electronic data and communications from unreasonable search and seizures and a search warrant must be obtained to access them.

With 82% of the vote, amendment 48 passed in what the Montana Legislature says is an update to reflect life in the 21st century.

The amendment was proposed during the 2021 Legislative season and specifically puts in the words “electronic data and communications” into the Montana constitution.

Opponents said the amendment was not needed, because Montana state law requires a warrant before entities can get data off of an electronic device.

The Montana Association of Chiefs of Police opposed the amendment saying it would produce unintended consequences, especially with regards to investigating internet crimes against children.

Similar amendments already exist in Michigan, Missouri and New Hampshire.

3 Comments

3 Comments

  1. Avatar photo

    Thomas Jones

    November 16, 2022 at 1:41 pm

    Good. With the growing fascism within the biden admin, unreasonable confiscations of personal electronic devices is on the rise. I dont recognize my country anymore.

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    Tim Mahoney

    November 16, 2022 at 2:11 pm

    Maybe the police should get a warrant if they have reasonable suspicion of child endangerment. If course they need to collect evidence, but these days of casting a wide net, no pun intended, hoping to get a bite, have ended. Would you want them examing your search history without probable cause?

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      Alonzo Harris

      November 17, 2022 at 2:16 pm

      It don’t matter judges and county attorneys will give the police warrants without blinking an eye anyway don’t even need probable cause we’re I live they will just go through ur phone anyway

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