Cassell speaks out against bill to overturn decision in State v. Strief in Utah state courts

University of Utah. S.J. Quinney College of Law Professor Paul Cassell testified before the Utah House Judiciary on Feb. 27  in opposition to H.B. 392, which would have overturned the U.S. Supreme Court’s decision in State v. Strief, as applied in Utah state courts. 

S.J. Quinney College of Law graduate alumnus Tyler Green successfully argued Strief before the U.S. Supreme Court, which agreed with Green that the presence of an arrest warrant attenuated any connection to an illegal search, defeating application of the exclusionary rule.

In his testimony,  Cassell supported Green’s victory in the Strief decision and urged defeat of H.B. 392.  The committee agreed, voting 6-3 against the bill.