What is the exclusionary rule in criminal procedure?
The exclusionary rule in criminal procedure is a legal principle used to protect the rights of individuals when evidence has been obtained unlawfully or illegally. In Delaware, it is based on the Fourth Amendment to the United States Constitution, which states that people have the right to be secure from unreasonable searches and seizures. When law enforcement officers violate a person’s constitutional rights, the exclusionary rule prevents the use of evidence obtained in that violation from being used against the person in a criminal trial. This ensures that the person’s right to a fair trial is not compromised, and it is a deterrent for law enforcement officers from engaging in illegal search and seizure. However, there are exceptions to the exclusionary rule, such as when a law enforcement officer acted in good faith, or when they did not intentionally violate a person’s rights. In Delaware, courts will also consider other factors, such as whether the officer was acting in accordance with the law, and whether the evidence was obtained in a way that would have been found reasonable by a reasonable person in the officer’s position. The exclusionary rule is an important part of criminal procedure in Delaware. By protecting people from the illegal actions of law enforcement, it helps ensure that citizens are treated fairly and that their constitutional rights are not violated.
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