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Senate repeals statute tied to Fourth Amendment enforcement after debate
Summary
The Utah Senate voted to repeal a state statute tied to Fourth Amendment enforcement, with supporters arguing the provision is effectively unconstitutional and opponents urging caution about law-enforcement impacts; final roll call showed 26 ayes, no nays, 3 absent.
The Utah State Senate voted to repeal a state statutory provision tied to Fourth Amendment enforcement, carrying Senate Bill 11 on third reading by a roll call that showed 26 ayes, no nays and 3 absent. The measure was referred to the House for its consideration.
Senator Hilliard, who carried the bill, said the provision should be removed because “we've got a bill on the books that has been declared unconstitutional,” noting Supreme Court developments since the law was enacted. He told colleagues the repeal avoids keeping invalid language on the books and allows the courts to continue shaping the legal framework.
Senator McAllister, while not opposing the repeal, cautioned about practical effects on law enforcement. “We have created circumstances with our laws that shackle our enforcement people,” he said, urging lawmakers to consider changes that would “get some realism into this whole process” so officers can remove criminals from the streets while protecting constitutional rights.
The Senate called the question and completed final passage on the floor. The President announced the bill passed and would be transmitted to the House for further action.
