Rights Enshrined in The Utah Constitution
Beginning with Hansen v. Owens, 619 P.2d 315 (Utah 1980), the Utah Supreme Court embarked upon a short-lived venture during which the court interpreted Article I, § 12 of the Utah Constitution as providing greater protection against self-incrimination than that which is provided by the Fifth Amendment. The Hansen decision was based upon the unique language of Article I, § 12, which speaks in terms being compelled "to give evidence against self" rather than being compelled "to be a witness against self." A mere five years later the court retreated from this position and in American Fork City v. Crosgrove, 701 P.2d 1069 (Utah 1985), overruled Hansen. This, however, did not put an end to the notion that the Utah Constitution may provide greater protection than does the federal Bill of Rights.
It is now clear that Article I, § 14 of the Utah Constitution provides greater protection to the privacy of the home and automobiles than does the Fourth Amendment. Interestingly, the expansion of the protection afforded by the state constitution has not been based upon distinctions in the language used, nor has it been the result of Utah’s unique political and religious history. The Utah Supreme Court has embraced broader constructions as “an appropriate method for insulating this state’s citizens from the vagaries of inconsistent interpretations given to the fourth amendment by the federal courts.”
The Utah Supreme Court has repeatedly invited litigants to raise and adequately brief state constitutional issues. In Brigham City v. Stuart, 2005 UT 13, ¶10, 122 P. 3d 506, 510, the Utah Supreme Court expressed “surpris” in “he reluctance of litigants to take up and develop a state constitutional analysis,” ibid., the court expressly invited future litigants to bring challenges under the Utah Constitution to enable it to fulfill its “responsibility as guardians of the individual liberty of our citizens” and “undertak a principled exploration of the interplay between federal and state protections of individual rights,” id., at 511.
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