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Uprock v. Tracy (2006)

10 April 2006 Published in Resolved Cases

Free Speech and Police Practices - On August 20, 2005, Utah County law enforcement officers raided and shut down an outdoor electronic music concert taking place on a private ranch in Spanish Fork Canyon. Police did not have warrants to enter the property or to search concertgoers, and Utah County Sheriff James Tracy authorized and implemented the raid based largely on the presumption that the concert would continue beyond the twelve hours for which the promoters had secured the necessary permits.

The raid, however, occurred only a few hours into the concert. On September 26, 2005, the ACLU Drug Law Reform Project joined in a lawsuit that had already been filed by Salt Lake City civil rights attorney Brian Barnard. The complaint charged law enforcement with widespread violations of the First Amendment, due process, and Fourth Amendment rights of the concert promoters and venue owners. On April 10, 2006, plaintiffs filed a motion to dismiss the case without prejudice, reserving their right to refile the case in the future.