Delaware General Assembly

LOT 6/6/02

The General Assembly has ended, the current status is the final status.

1/16/02

Sharp

AN ACT PROPOSING AN AMENDMENT TO ARTICLE IV OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED, BY ADDING A NEW SECTION 40 RELATING TO THE ADMISSIBILITY OF EVIDENCE GATHERED PURSUANT TO A SEARCH WARRANT.

This is the first leg of an amendment to the Delaware Constitution that would give Delaware law enforcement officers the same rights to use evidence gathered in good faith reliance on a search warrant that police in most states in the country enjoy. This amendment would create the same search and seizure rights in the Delaware Constitution that the United States Supreme Court found to exist in the United States Constitution in United States v. Leon, 468 U.S. 897 (1984). Absent this amendment, evidence gathered by police officers in objectively reasonable reliance on a search warrant will be inadmissible in court if the warrant is invalidated by a later judge.

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Takes effect upon being signed into law

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