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There is a new Michigan bill, HB 4006 that would allow the police to find your location from your cell phone provider without first obtaining a warrant. It is proposed for emergency situations to protect victims of crime, but be careful. When the police can get any information about you without a first presenting their reasons to a Judge or Magistrate, our privacy rights are at risk. Of course there are emergency situations that give credence to go around our long standing and constitutional rights to be free from illegal searches and seizures, but those are limited and specifically defined. The question is: Should we now legislate another way around our constitutional protections? Police officers have to get search warrants after swearing to the facts supporting the warrant to an impartial Magistrate. It happens every day and yes it takes more time for the police. This law allows the police to forgo that step and get anyone’s location from the cell phone provider if the police feel it is an emergency. Is this too much subjective power to give the police? Does this put victims of crime at risk because the police were delayed in getting the victim’s location? We have to way the benefits of protecting victims of crime against our personal rights. Victims have rights. We as citizens have rights. Let’s try to protect us both.
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Email me you thoughts at Scott@scottweinberg.com