A Provo man has filed a class action suit against 4th District judges and court clerks, alleging that the court's policy involving search warrants and affidavits is a violation of his constitutional rights.
Brian R. Anderson, represented by activist attorney Brian Barnard, filed the lawsuit in 4th District Court Thursday.
This lawsuit is similar to another another filed earlier this month in 3rd District Court by four individuals who have made the same claims about court policies in that district.
Anderson's home was searched by law enforcement officials Oct. 8. Anderson went to the Provo courthouse Oct. 12 and asked to see a copy of the affidavit in support of the search warrant, the suit said. He was told by two courthouse employees that the original was unavailable and there was no copy.
Anderson maintains he was told that he could get an affidavit when formal criminal charges were filed against him, but nothing has been filed to date. His lawsuit maintains that he was told the original affidavit was in the possession of police officers who conducted the search.
The suit alleges it is the practice of 4th District Court not to keep originals or copies of affidavits that support search warrants after a judge has signed a search warrant. Only after a search has been conducted is the original affidavit filed with the court clerk. The suit also alleges that the court does not keep copies of such information readily available in an indexed fashion with a case number assigned to it.
Anderson named the 4th District judges, the court executive, the clerk of the criminal division, the assistant clerk of the criminal division and a deputy clerk in his suit.
He is seeking to have the court declare its policy regarding search warrants and affidavits that support them a violation of his federal and state constitutional protections against illegal searches and violation of due process.
"Plaintiff is entitled to see, read, review and have access to the affidavit presented to the court upon which the search warrant against his home was issued," the suit said.
E-mail: lindat@desnews.com