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Utah Senate advances constitutional amendment to narrow state'level exclusionary rule after extended debate
Summary
Senators advanced a second substitute of SJR 1 to make Utah's search-and-seizure standard align with federal law. Supporters said it would reduce dismissals on technicalities; opponents warned the language risks eroding civil liberties and urged careful drafting before final passage.
Senators on Jan. 25 advanced a second substitute of Senate Joint Resolution 1, a proposed constitutional amendment intended to limit the scope of the Utah exclusionary rule and align the state'level standard for searches and seizures more closely with the U.S. Constitution.
Senator Brent Richards, who presented the measure, said the amendment would prevent "relevant evidence discovered in the course of a legal search" from being excluded under Utah's broader judicially created rule and that the change responds to court decisions that, in his view, have produced uneven standards and released criminal defendants on technicalities. He told colleagues the measure reflected research and drafting work by Professor…
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