Montana C-48 (2022): Search warrant for electronic data amendment

In Politics by Michael Rae


Montana’s C-48 would amend the Montana State Constitution to explicitly protect electronic data and communications from unreasonable search and seizure. In effect, the amendment would require law enforcement to obtain a search warrant in order to conduct searches of electronic data or communications. Montana’s C-48 is a legislatively referred constitutional amendment, meaning that the Montana State Legislature voted to put the initiative before Montana voters. 

Proponents’ Arguments For

Proponents of C-48 argue that the amendment is necessary to modernize Montana’s laws regarding law enforcement searches and seizures of personal property. The Montana State Constitution currently protects “persons, papers, homes, and effects from