WHEREAS, it is important that citizens of Delaware have the protection of both their constitutional liberties and their personal safety; and

WHEREAS, prior to October, 2000, police officers in Delaware who gathered evidence in good faith reliance on a search warrant signed by a judge or magistrate were permitted to use that evidence, even if the search warrant was later determined to be invalid; and

WHEREAS this rule was established by the United States Supreme Court, which held that the purposes of the search and seizure clause of the United States Constitution were not served by punishing police officers who had acted in good faith reliance on an order issued by a court; and

WHEREAS Delaware courts have concluded that the Delaware Constitution does not permit police officers acting in good faith to use such evidence; and

WHEREAS a proper balance between civil liberties and personal safety should permit police officers acting in good faith on a warrant issued by a court to use the evidence gathered in reliance on that warrant;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article IV of the Delaware Constitution of 1897, as amended, by adding a new Section 40 to read as follows:

"Section 40. Exclusion of Evidence.

Evidence gathered in objectively reasonable reliance on a warrant issued by a judicial officer or magistrate shall not be excluded from introduction at trial as a consequence of the warrant being subsequently invalidated."

Author: Senator Sharp