Sen. Mark Madsen (L)

SB 178 (Administrative Subpoena Amendments)

Libertas Institute supports this bill.

Under Utah law, a government agent can seek a court order to obtain a person's electronic data who is suspected of committing a crime related to child kidnapping or a sexual offense relating to a minor. This bill elevates the legal standard required for the court order from reasonable suspicion to probable cause.

Libertas Institute supports this bill. A reasonable suspicion is an extremely low—and almost non-existent—standard that is extremely permissive. Raising the standard to probable cause, which is required for warrants, is a reasonable step to prevent abuse of this power.