In Utah, while DNA samples may be taken at the time of arrest, the DNA itself is not processed until after a conviction. If charges are not pressed within 90 days of an arrest, or the case is dismissed or acquitted, the DNA evidence is destroyed. However, with other states enacting more stringent rules regarding when DNA is collected and how it is used, the U.S. Supreme Court is now looking at the[...]

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The United States Supreme Court decided to hear an important case regarding defendants' constitutional rights to privacy. The case involved a man who was arrested for assault but, through DNA collected before he was convicted of the crime, was charged with an earlier rape. At trial, the man's criminal defense lawyer attempted to suppress the DNA evidence, claiming that it violated the Fourth [...]

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Under the United States Constitution and the Utah Constitution, residents have a certain expectation of privacy. As part of their Fourth Amendment rights, this means residents of Utah should be protected against unreasonable searches and seizures from law enforcement and other authorities. Recently, Maine became the second state in the country to ban warrantless cellphone tracking. [...]

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In Utah, a driver cannot be pulled over on suspicion of drunk driving and forced to submit to a blood test. Rather, police must first obtain a search warrant before ordering the blood draw. The issue of whether or not a drunk driving suspect's blood can be drawn without a warrant made its way before the U.S. Supreme Court last month. In the ruling, eight out of nine of the justices all[...]

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