A bipartisan, bicameral bill introduced on Nov. 18 by U.S. Rep. Peter Meijer (R-MI) would end the “vehicle exception” to the Fourth Amendment and require law enforcement to obtain a warrant before accessing data stored in automobiles.
“When the vehicle exception to the Fourth Amendment was created, automobiles were still decades away from containing computers that generate huge amounts of digital information,” said Rep. Meijer. “It’s past time for us to scrap this exception and require law enforcement to have a search warrant to view data created by or stored in automobiles — just like they do for cell phones and personal computers.”
The congressman cosponsored the Closing Warrantless Digital Car Search Loophole Act, H.R. 6001, with bill sponsor U.S. Rep. Ro Khanna (D-CA). U.S. Sens. Ron Wyden (D-OR) and Cynthia Lummis (R-WY) on Nov. 18 also introduced the same bill, S. 3231, in their chamber.
“I’m glad to partner in this bipartisan, bicameral effort to protect Americans’ constitutional rights,” Rep. Meijer said last week.
If enacted, the measure would require law enforcement to get a warrant based on probable cause before they could search data from any vehicle that does not require a commercial driver’s license (CDL) to drive, according to a bill summary provided by Rep. Meijer’s staff.
Additionally, the bill would clarify that any vehicle data obtained in violation of the law without a warrant is inadmissible in court by grand juries, regulatory agencies, or to establish probable cause, the summary says, and would allow for broad emergency exceptions to enable the federal government to get a warrant after the fact, and for narrow exceptions related to traffic safety research.
“Technological innovations have improved the lives of countless Americans, but these changes have also resulted in new privacy concerns that must be addressed,” said Rep. Khanna. “We need to update our laws to ensure that privacy interests regarding digital data are protected.”
The Closing Warrantless Digital Car Search Loophole Act is endorsed by numerous groups, including the American Civil Liberties Union, Americans for Prosperity, Demand Progress, the Electronic Frontier Foundation, FreedomWorks, the Information Technology and Innovation Foundation, the National Association of Criminal Defense Lawyers, and the R Street Institute.