What are the rules of the Fourth Amendment in criminal cases?

The Fourth Amendment of the United States Constitution protects citizens from unreasonable search and seizure by government officials, and is applicable to criminal cases in Delaware. The Fourth Amendment states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” This amendment is designed to protect individuals from unreasonable interference by the government. In Delaware, the Fourth Amendment applies to criminal cases as well. In order for the government to conduct a search in a criminal case, they must get a warrant by demonstrating probable cause that there is some criminal activity. A warrant must describe the place to be search, be signed by a judge, and based on sworn testimony. In addition, if the police have probable cause to believe that someone has committed a crime, they can make an arrest without a warrant. In Delaware, if the police find evidence of a crime during a legal search or arrest, it is allowed to be used in court. In addition, it must be determined that the search or arrest took place without violating the Fourth Amendment. If the Court determines that the search or arrest violated the Fourth Amendment, then the evidence found will not be allowed to be used in court. The Fourth Amendment provides protections to individuals in Delaware from unreasonable search and seizure by the government. It requires that a warrant be obtained for a search, and that a person is protected from unreasonable detainment by the police. It is important to understand the Fourth Amendment and how it applies to criminal cases in Delaware.

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