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MN Legislature Introduces Amendment to Protect Electronic Communication

posted by janrinok on Wednesday February 18 2015, @09:48PM   Printer-friendly
from the one-state-at-a-time dept.

Kromagv0 writes:

The Minnesota legislature has introduced an amendment to the MN Constitution to enshrine the protections afforded by the 4th amendment to electronic communication and data as well. It appears that this amendment has broad diverse support in the state house but leadership in the state senate is only lukewarm on it. In the senate Ron Latz (DFL) Chairman of the Judiciary Committee had blocked the amendment stating that he feels it is redundant. Additionally Senate Majority Leader Tom Bakk (DFL) opposes the amendment because it is an amendment to the MN constitution. If passed, Minnesota would become only the second state to enact such a change — Missouri enacted its amendment last year with 75% of the popular vote.

 
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  • (Score: 2) by urza9814 on Thursday February 19 2015, @05:52PM

    by urza9814 (3954) on Thursday February 19 2015, @05:52PM (#147035) Journal

    At best, what this would do is prevent the Minnesota state police (or local police) from explicitly using electronic communication gained without a warrant for state criminal cases.

    I haven't read the full text of the bill, but I would assume it also authorize them to arrest any federal agents violating that law in their state (certainly not explicitly, but laws generally apply to everyone).

    But, again, that's to the extent the 4th amendment doesn't ALREADY prohibit such evidence. And, to the extent the 4th Amendment is held NOT to apply to such evidence in Federal court, what makes you think that it WILL hold in Minnesota state court? Why would the result be different.

    That's exactly the point. The state has the resources to fight the feds on this. You or I don't. This bill would effectively authorize state officials to start that fight.

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