Daily Briefs

Gov. Whitmer signs EO temporarily suspending evictions


Michigan Governor Whitmer last Thursday signed Executive Orders 2020-118, which further extends the duration of protections for tenants and mobile home owners from being evicted from their home until June 30, and Executive Order and 2020-119, which extends protections for vulnerable populations in Michigan’s county jails, local lockups and juvenile detention centers until July 9.

“By extending the protection against eviction for non-payment we can ensure that COVID-19-infected individuals and vulnerable populations can isolate in the safety of their homes while continuing to protect incarcerated persons in our prisons, jails, and juvenile detention centers,” Whitmer said. “These orders will ensure that we can continue to flatten the curve, avoid a second wave of infection, and protect the heroes serving on the front lines of this crisis.”

Executive Order 2020-118 also relieves courts from certain statutory restrictions so they can stay eviction-related proceedings until after the COVID-19 emergency has passed.

Executive Order 2020-119 temporarily suspends transfers into and from Michigan Department of Corrections facilities unless jails adopt certain risk-reduction protocols. Many counties—including Wayne, Oakland, Ingham, and Macomb have already resumed transfers, subject to ongoing review. The order also allows local officials more flexibility in releasing vulnerable populations who do not pose a threat to public safety.

 

Data protection measure could end up on Michigan ballot
 

LANSING, Mich (AP) — Electronic data and communication would be safe from unreasonable search and seizure under a proposed constitutional amendment that cleared the Michigan Senate on Thursday.
The measure, which passed unanimously, must still secure at least two-thirds of the vote in the House before it can appear on the ballot in November.

Senate Joint Resolution G would recognize electronic data and communications as private property, subject to the same protections as “person, houses, papers and possessions” that are protected in the state constitution and the Fourth Amendment.

It’s time for the law to preserve personal privacy now that smartphones and other technologies are an integral part of daily life, said sponsor Sen. Jim Runestad, a White Lake Republican.

“The failure of our laws to address this new reality is not only a threat to our liberties today. It is a threat to the future liberties of generations to come,” Runestad said. “The Fourth Amendment still matters. We don’t know what technological advances will come next, but one thing is for sure, after 246 years of us Americans, our right to privacy still matters.”

Michigan is not the first state to try to legislate for reasonable cause and a search warrant to obtain electronic data. Minnesota, Missouri, New Hampshire  and more have also tried.

Though the U.S. Supreme Court asserts that law enforcement must have reasonable cause to obtain a warrant to search emails and cellphones seized during an arrest, that’s not enough, Runestad said during his committee testimony in October.


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