New Hampshire ballot measure would limit government intrusion, but critics call proposal 'dangerous'

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Freedom from government measure on New Hampshire ballot

The 'Live Free or Die' ballot initiative would add language to the state's constitution stating 'an individual's right to live free from government intrusion in private or personal info is natural, essential and inherent.' Douglas Kennedy reports from Manchester.

New Hampshire State Rep. Neal Kurk welcomes the freedom technology has brought, explaining that “we can do things so quickly today, so effectively today.”

But, he is more fearful of the freedom it’s taking away. Kurk told Fox News’ Douglas Kennedy that government has more power than ever before, and he’s concerned with the power the government has to invade people’s personal lives.

“The courts have made it very clear that governments can have access to our texts, to our cell phone conversations,” Kurk said.

He’s also worried about warrantless DNA collection, pointing out that police can take your DNA off of a fork at a restaurant – without a warrant.

It’s a power to intrude he says violates the spirit of the constitutional protection against unreasonable search and seizure.

Which is why he is sponsoring a ballot measure that would add language to New Hampshire’s state constitution clarifying that “an individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.”

But critics say the ballot measure would hamper law enforcement efforts.

Pat O’Carroll from the Federal Law Enforcement Officers Association said unencrypted texts and emails should be fair game. He also said that limiting law enforcement’s ability to collect DNA could be disastrous.

“This is dangerous because by the time you’ve got warrants and search warrants,” O’Carroll said, it’s too late for the victims and abuse has already occurred.

He points out that forensic evidence is used in cases every day of the week, and contends that “if we lose it, we go back decades.”

Kurk isn’t convinced.

“These folks will need to get warrants if they wanna get our DNA, these folks will need to get warrants if they wanna get our cell phone conversations,” he said.

Kurk says those are the exact protections that our founding fathers intended us to have.