Cassell speaks at Utah State Legislature on bill that would include protection against electronic data searches in the Utah Constitution

University of Utah S.J. Quinney College of Law Professor Paul Cassell testified at the Utah State Legislature earlier this week about a resolution that would ask voters to amend the state constitution to include electronic data such as emails, text messages and cloud storage in the section forbidding unreasonable searches. 

The resolution, HCR9, was proposed by Rep. Craig Hall, R-West Valley City, as a way to amend laws to keep pace with changing technology.

Cassell said existing case law already protects electronic data from illegal searches. He added the resolution and differing legal interpretations could interfere with police work and inhibit investigations where searching technology is essential, such as child pornography investigations.