Utahns’ Right to Privacy

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The right of every Utahn to privacy  must be carefully guarded from unreasonable government intrusion. The Fourth Amendment to the United States Constitution and its Utah counterpart have, for over 200 years, provided this right to every Utahn. In an age of high-tech surveillance tools, the needs of law enforcement must be scrupulously balanced against unwarranted intrusion into our private lives. We must be mindful of the constitutional right to be free from unreasonable search and seizure and the right to individual privacy.   

Our Attorney General has recklessly embraced and promoted a massive “Live Time” surveillance platform that allows the government to monitor the activities of its citizens in ways that would have been unimaginable a decade ago. AG Reyes also signed a contract to test technology that can scan large groups of people for weapons without their knowledge. Unbridled and unrestricted technology that allows the government to “understand what is happening live, anywhere” may run afoul of our constitution.  Our AG has failed to appreciate or understand the legal implications of using such invasive technology without proper accountability and limitations in place. Utah AG Moonlighting as Shady Tech Company Lobbyist. 

I have sat on both sides of the courtroom.  I have worked closely with law enforcement and regularly teach, consult and counsel police regarding their law enforcement rights and responsibilities. I have personally written over 100 search warrants and reviewed several hundred more.  I have helped individuals who have been the victim of illegal government invasion of privacy. I know what our current AG appears to have forgotten; that without proper safeguards in place, technology that intrudes on our privacy can be easily abused. (See: AG embraces massive surveillance systems.)

In an age of high-tech surveillance tools, the needs of law enforcement must be scrupulously balanced against unwarranted intrusion into our private lives.