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Sponsor would extend search-protection to all electronic licenses, not just driver’s licenses
Summary
Sen. Ken Bogner proposed expanding a recent court rule protecting electronic driver’s licenses from compelled searches to cover all licenses, citing a state Supreme Court decision; the change was introduced and heard with no public testimony recorded for or against.
Sen. Ken Bogner introduced legislation to extend a Montana Supreme Court rule protecting electronic driver's licenses from compelled search to all electronic licenses.
Bogner said the prior court ruling found that displaying an electronic driver’s license or handing it to a peace officer is not consent to a search of the device; his prior bill codified that holding for driver’s licenses. Senate Bill 124 would apply the same protection to other licenses that can be presented electronically. "Making it so that all licenses, not just driver's licenses, are subject to that ruling in this code," Bogner said.
No proponents, opponents or informational witnesses registered online or in the room during the committee hearing, and committee members did not pose technical questions. Bogner closed the hearing and asked for the committee's support; no vote was taken that day.
The bill would codify the Supreme Court’s interpretation into statute and expand its scope beyond driver’s licenses; the committee will determine next steps in its review process.
