Ballot item aims to shield personal electronic data

Among the issues to be considered by voters Aug. 5 is an amendment designed to strengthen privacy protection for electronic communications and data.

Amendment 9 asks voters whether the Missouri Constitution should be amended "so that the people shall be secure in their electronic communications and data from unreasonable searches and seizures as they are now likewise secure in their persons, homes, papers and effects?" State and local governments expect no significant costs or savings from the amendment, the ballot language adds.

The proposal was sponsored by state Sen. Rob Schaaf, R-St. Joseph, who has argued that changes in technology have created a need to update and keep in line the state's Constitution.

He's pointed to incidents such as widespread eavesdropping by the National Security Agency as proof stronger protections are needed in the electronic world.

If the amendment is approved, police would need a search warrant to gain access to text messages or emails and before going through electronic devices such as tablets, laptops and even Global Positioning

Systems.

The measure received bipartisan support during the legislative session that ended in May. Only one senator voted against the amendment, citing concern it could hamper law enforcement efforts to combat

cybercrime.

Others have questioned whether the measure is necessary because the U.S. Supreme Court recently ruled search warrants were required before seizing cellphones.

Darin Hickey, public information officer for the Cape Girardeau Police Department, said he expects several questions will arise from the high court's decision, just as they will if the electronic privacy amendment is approved. But the department's response to any legislative rule changes is always the same, he said: Enforce the law and consult the county when needed.

"We're going to handle our business fairly, equally and responsibly, and if there's a question, then we're going to seek that advice from our judges and prosecutors," Hickey said. He added they are professionals who have the proper tools and resources to research any questions about new or amended laws.

Hickey also said the department already frequently obtains a warrant to search electronic devices, but whether it's necessary can depend on the scenario.

"Every situation is different. We always err on the side of caution," he said. "If we can get a search warrant and we feel that there's even a question, we always try to get a search warrant. If there are extenuating circumstances -- like a kidnapping or somebody's in danger of being injured or being hurt -- we still consult, but with today's technology we're able to get in touch with prosecutors and judges pretty much 24/7 ..."

The Cape Girardeau Police Department does not offer an official opinion on legislative issues.

srinehart@semissourian.com

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