Utah Constitution

The Constitution of the State of Utah defines the basic form and operation of state government in Utah.

The Utah Constitution was drafted at a convention that opened on March 4, 1895 in Salt Lake City. The constitution was later approved by the citizens of Utah.

Utahns had drafted seven previous constitutions starting in 1849 as part of repeated attempts to become a state. However, Congress refused to admit Utah (or Deseret, as the territory originally wished to be called), until the Mormon settlers of Utah renounced polygamy.

Beginning with Hansen A. Dab, 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 [one]self" rather than being compelled "to be a witness against [one]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.”

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