SB 828, as amended, Lieu. Assistance to federal agencies.
The United States Constitution provides that it and other federal laws are the supreme law of the land. The 4th Amendment to the United States Constitution sets forth the right against unreasonable searches and seizures by the federal government and prohibits a federal warrant from being issued unless there is probable cause, supported by an oath or affirmation, that particularly describes the place to be searched, and the person or thing to be seized.
This bill would enact the 4th Amendment Protection Act and prohibit the state from providing material support, participation, or assistance to any federal agency attempting the illegal and unconstitutional collection of electronic data or metadata, without consent, of any person not based on a
warrant that particularly describes the person, place, and thing to be searched or
begin delete seized,end delete or in accordance with judicially recognized exceptions to warrant requirements.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 32.5 (commencing with Section 7599)
2is added to Division 7 of Title 1 of the Government Code, to read:
The state shall not provide material support, participation,
7or assistance to any federal agency attempting the illegal and
8unconstitutional collection of electronic data or metadata, without
9consent, of any person not based on a warrant that particularly
10describes the person, place, and thing to be searched or
begin delete seized,end delete
11 or in accordance with judicially recognized
12exceptions to warrant requirements.