Del. C. » Title 11 — Victims of Crimes · CHAPTER 92. Police Officers’ Due Process, Accountability, and Transparency · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 9206 (2026)

Hearing — Evidence obtained in violation of officer’s rights

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No evidence may be obtained, received or admitted into evidence in any proceeding of any disciplinary action which violates any of the rights established by the United States Constitution or Delaware Constitution or by this chapter. The tribunal may not enter any judgment or sustain any disciplinary action based on any evidence obtained in violation of the officer’s rights as contained in this chapter.

65 Del. Laws, c. 12, §  1; 
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2014–2022 · leading case: Shawn Mock v. Div. of State Police, Dep't of Saf. & Homeland Sec. of the State of Delaware, No. 2019-0229-MTZ, 2022 WL 1744439 (Del. Ch. May 31, 2022).
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Shawn Mock v. Div. of State Police, Dep't of Saf. & Homeland Sec. of the State of Delaware, No. 2019-0229-MTZ, 2022 WL 1744439 (Del. Ch. May 31, 2022). · cites it 3× “Mock’s “Trial Board hearing evidence was obtained, received or admitted into evidence which violated [Mock]’s rights established by [the] Constitution and by LEOBOR [11 Del. C. § 9206];”33 4. The Trial Board “entered judgment based on evidence obtained in violation of [Mock’s]…”
Haden v. Bethany Beach Police Dep't, No. 13A-11-003 (Del. Super. Ct. June 30, 2014). · cites it 2× “31 The second is 11 Del. C. § 9206: No evidence may be obtained, received or admitted into evidence in any proceeding of any disciplinary action which violates any of the rights established by the United States Constitution or Delaware Constitution of by this chapter.”
Hiller v. The City of Rehoboth Beach, No. S19A-10-001 RFS, 2020 WL 5637053 (Del. Super. Ct. Sept. 18, 2020). “'” Reference is made to 11 Del C. § 9206, which provides: No evidence may be obtained, received or admitted into evidence in any proceeding of any disciplinary action which violates any of the rights established by the United States Constitution or Delaware Constitution or by…”
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