Everyone is protected from unreasonable searches and seizures of their person, home, car, and belongings such as, but not limited to, a phone, tablet, computer, or other similar devices. A court must issue a warrant before the search, unless the following elements are met: the search occurs during or shortly after the commission of a crime, there is a threat of danger to the officer or another person, and there is evidence linking the items seized to the crime.
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Define what is necessary before any warrant may issue (oath, no hearsay, probable cause, particularity, etc.). Similarly, exceptions to the warrant requirement should have clear parameters about the level of proof needed by police to believe a crime was committed and when, and the type of evidence that may cause police to conclude that such evidence will be found at the place to be searched and that such evidence is linked to such crime. Consider requiring exclusion of evidence unlawfully obtained, compensation to the victim in a meaningful amount, and remedial actions, progressive discipline to deter future transgressions.
Require expungement of criminal records after a period of lawful behavior.
This important Article extends well beyond our cars and homes, it carries into our computers. Both private individuals and the police cannot dive into our computers and view our correspondence and work without a court order. Anyone who does, a private person or company, or government official is liable for damages and attorney’s fees.