Courts may use reverse-keyword orders for more types of serious crimes and must seal the search returns while destroying unrelated evidence, with a legal exception.
Courts may consider reverse-keyword orders for a broad list of serious crimes, including comparable offenses from other jurisdictions, subject to the act’s other conditions.
Courts must seal reverse-keyword search returns and quickly destroy unrelated evidence, unless the law requires keeping it as potentially exculpatory evidence.
A court may grant a reverse-keyword order for a listed serious crime or a comparable crime from another jurisdiction. The list covers violent felonies and crimes involving violence, sexual abuse, exploitation, kidnapping, property, explosives, intimidation, stalking, and harm to an impaired or incapacitated adult. The order remains subject to the other conditions in the act. A crime from another jurisdiction qualifies only if the conduct would be eligible for one of the listed Delaware crimes.
The court must keep returns from a reverse-keyword order under seal and immediately destroy evidence unrelated to the case. The rule applies to returns received in response to a reverse-keyword court order and to evidence included in those returns. Evidence must be retained and provided to the defendant if another law requires that it be kept as potentially exculpatory evidence. The court must destroy unrelated evidence immediately after receiving the return, unless the legal retention exception applies.
No hearings or votes scheduled.