Montana Ballot measure C-48, the Search Warrant for Electronic Data Amendment, was overwhelmingly approved by voters on November 8th. The constitutional amendment, added to Article II Sec. 11 of the Montana State Constitution, treats electronic data as “persons, houses, papers, and possessions, requiring a search warrant to access electronic data or electronic communications.
The protection of personal data establishes the foundation to protect Montanans from the federal surveillance state, unwarranted data collection, and third party buying and selling of private information. The Amendment was modeled on Missouri Amendment 9 and New Hampshire Q2. -JD
November 9, 2022 | By Mike Maharrey | Tenth Amendment Center | Source
“Practically speaking inclusion of electronic communications and data in the state’s constitutional prohibition on unreasonable searches and seizures means state and local police in Montana will be required to obtain a judicial warrant, supported by probable cause, before accessing cell phones and other electronic devices regardless of any legislative statute. It will also set the foundation to help prevent law enforcement from accessing private information through third parties.”
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