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SCHROEDER v. UTAH ATTORNEY GENERAL'S OFFICE

No. 20121057.

358 P.3d 1075 (2015)

2015 UT 77

Daniel V. SCHROEDER, Petitioner, Appellant, v. UTAH ATTORNEY GENERAL'S OFFICE and the Utah State Records Committee, Respondent, Appellee.

Supreme Court of Utah.

August 25, 2015.

Attorney(s) appearing for the Case

Jeffrey J. Hunt , David C. Reymann , Lashel Shaw, Salt Lake City, for appellant.

Sean Reyes , Att'y Gen., Nancy L. Kemp , Asst. Att'y Gen., Salt Lake City, for appellee Utah Attorney General's Office.

Sean Reyes , Att'y Gen., Paul H. Tonks , Asst. Att'y Gen., Salt Lake City, for appellee Utah State Records Committee.

Chief Justice DURRANT authored the opinion of the Court, in which Associate Chief Justice LEE, Justice DURHAM, Justice PARRISH, and Justice HIMONAS joined.

Introduction

¶ 1 Article I, section 14 of the Utah Constitution prohibits state actors from conducting unreasonable searches and seizures. Typically, the state may seize evidence without violating section 14 if it does so under a valid warrant or subpoena. In this case, Daniel Schroeder...

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