Senate Committee Rethinks Position On Illegal Search And Seizure Tinkering

The Senate Judiciary Committee has rejected a proposed constitutional amendment limiting state court interpretation of the state constitutional protections against illegal search and seizure.

There was no support among committee members for the proposition that would have precluded state courts from interpreting the Idaho constitutional protection more broadly than federal courts have interpreted the similar federal constitutional provision.

Spokesmen for the American Civil Liberties Union, whose record has not been good before the committee, emphasized to lawmakers that the issue was not closing potential loopholes accused criminals slip convictions on but preserving the state’s right to interpret its own constitution as it sees fit.

“It would have totally abdicated state sovereignty to the feds in our rush to fight crime,” ACLU Director Jack Van Valkenburgh said.