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Senate approves measure allowing defendants to petition for return of seized electronic devices
Summary
Senators passed third-substitute Senate Bill 252, creating a court petition process for defendants seeking return of seized laptops and phones; the sponsor said the measure balances preservation of evidence with property rights and addresses long forensic backlogs.
The Utah Senate on Feb. 27 approved third substitute Senate Bill 252, which establishes a judicial petition process for defendants who seek the return of electronic devices seized by law enforcement.
Sponsor Senator Daniel Weiler said law-enforcement partners acknowledged a growing problem: devices are often taken under subpoena or warrant and not promptly returned, sometimes leaving business owners or defendants without critical property for months or years. The bill allows a defendant to petition the court for return; if the court orders return, law enforcement would have 30 days after that order to return the device. The measure carves out devices containing certain child-abuse images from the return process.
Weiler said the bill does not attempt to solve long forensic backlogs at regional labs (referred to in testimony as the RCFL) but provides a judicial path for defendants to seek relief and for judges to prioritize devices where appropriate. Senators questioned whether returning devices before forensic analysis would hamper investigations; the sponsor said the substitute lets courts weigh whether more time is needed and allows law enforcement to explain any operational constraints.
On final passage the Senate recorded 25 yea votes and 0 nay votes; four senators were recorded absent. The bill will be transmitted to the House for consideration.
