Evidence or information discovered, retrieved, seized, or recorded without or a search warrant shall be inadmissible, unless it was discovered by an individual who had lawful access to it, was retrieved through a consensual search, or was discovered or seized in another manner permitted by law and the Constitution.  Evidence or information discovered, recorded, seized, or retrieved during the execution of a search warrant is inadmissible in criminal proceedings or as the basis for an arrest if—

(1) the warrant was later found to be issued in error or unlawfully, unless the person executing the warrant was found to be acting in good faith, and a reasonable person would have understood the execution of the warrant as being lawful;

(2) the warrant was issued due to false or misleading statements in the sworn affidavit, or where necessary and relevant information was omitted from the affidavit;

(3) the scope of the warrant was exceeded during the search; or,

(4) the evidence was otherwise unlawfully discovered or seized during the course of the execution of the warrant.

Section History

Added: [Stat. 26-29, Kramerian Revised Criminal Code Act of 2026**)](https://ols.krameria.xyz/Stat-26-29-Kramerian-Revised-Criminal-Code-Act-of-2026-402b2321706548ffb2acd375eddb8ecd), § 202.05

Other Notes