Purpose

This measure proposes a constitutional amendment to strengthen privacy protections in Minnesota by extending the Fourth Amendment-style safeguard against unreasonable searches and seizures to include electronic communications and data. The core idea is to ensure digital information receives the same level of protection as physical objects like a person’s home or belongings.

Main Provisions

• Amends Article I, Section 10 of the Minnesota Constitution to read that “The right of the people to be secure in their persons, houses, papers and effects and in their electronic communications and data against unreasonable searches and seizures shall not be violated….”
• Requires that any warrant to access electronic communications or data must issue only upon probable cause, supported by oath or affirmation, and must specifically describe:
  • the place to be searched,
  • the person or things to be seized, and
  • the electronic communications or data to be accessed.
• If adopted, the language would place electronic communications and data on the same footing as other protected items under the Fourth Amendment framework.

Significant Changes to Existing Law

• Expands constitutional protections to explicitly cover electronic communications and data, not just physical places and items.
• Elevates digital privacy to the same standard as traditional search protections, requiring warrants based on probable cause with particularity about what data or communications may be accessed.

Submission to Voters

• The amendment would be submitted to Minnesota voters at the 2026 general election.
• The ballot question would ask: “Shall the Minnesota Constitution be amended so that the people are 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?”
• Voters would respond Yes or No.

Practical Effects (Brief Overview)

• Law enforcement would need to obtain warrants supported by probable cause and with detailed descriptions when seeking access to electronic communications or data.
• The scope of search protections would cover digital information in the same constitutional framework as physical searches.

Relevant Terms - Fourth Amendment, unreasonable searches and seizures - Minnesota Constitution, Article I, Section 10 - electronic communications and data - warrant - probable cause - oath or affirmation - particular description - place to be searched - person or things to be seized - electronic data to be accessed - 2026 general election - ballot question (Yes/No)