Proposed Privacy Amendment – by Dave Champion

Whereas technology and other developments have eroded the traditional privacy protections of the Citizens of the states of the Union as well as citizens of the United States, the following restrictions are hereby placed on the actions of federal and state governments.

A warrant shall be required at every instance to access or acquire any information about a Citizen of a state of the Union or a citizen of the United States unless said information has been placed in the public domain by that citizen. A warrant is required to access or acquire a citizen’s information even if it is in the custody of a third party. The use of electronic or other devices including, but not limited to, unmanned aerial vehicles, helicopters, satellites, thermal imaging, Global Positioning Systems, and night vision to track or monitor a citizen shall require a warrant unless in pursuance of a post conviction parole requirement or as a condition of bail. This prohibition does not apply in cases in which law enforcement is in hot pursuit of a person where probable cause exists to believe that person has committed a felony.

No record of physical attributes or biometrics, which includes but is not limited to fingerprints, face recognition, DNA, palm print, hand geometry, iris recognition, retina scan, bacteria counts and odor or scent may be taken unless upon conviction of a felony. Fingerprints may be taken only upon conviction of a misdemeanor or felony. The above restriction does not prevent the governments from storing or using the biometrics of government employees who are citizens for use as an authentication factor to access computers, networks, secure areas or other similar applications. Upon termination of government employment all such employee biometrics shall be expunged.

Biometric samples may be taken from the deceased if the death is directly attributable to a violent crime. Crime victims may volunteer their physical biometrics or other physical media, including that media presumptively belonging to a perpetrator, to the police for purpose of a criminal investigation. Police shall maintain said biometric or other physical media only until such time as the case is closed or the victim rescinds consent.
All warrants obtained under this Amendment shall be served with the sworn statement of probable cause submitted to the court by the officer seeking the warrant. If the warrant and the statement of probable cause are not presented to the citizen who is the target of the search warrant prior to the search being conducted no evidence from the search shall be admitted into evidence in any proceeding and the officer or officers who conducted the search may be sued in their personal capacity in the court of the state in which the violation occurred for a violation of the Citizen’s unalienable rights in the case of a state Citizen or civil rights in the case of a citizen of the United States.

This Amendment makes federal officers and state officers both liable to the judgment of state courts for litigation brought under this provision. The governments are without authority to use any device that intrudes into the consciousness or subconscious of a citizen or alters or captures any information directly or indirectly from the citizen’s brain. The judicial branch is without authority to create judicial exceptions of any kind to this Amendment under any rationale or pretense.

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