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Home » US Law » 2022 Delaware Code » Title 11 - Crimes and Criminal Procedure » Part III » Procedure in Particular Courts » Chapter 59. JUSTICES OF THE PEACE » § 5906. Examination of law-enforcement officer’s; warrant of arrest; form.
§ 5906. Examination of law-enforcement officer’s; warrant of arrest; form.

(a) When complaint is made in due form to a justice of the peace by a law-enforcement officer, alleging that an offense has been committed, the justice shall carefully examine the law-enforcement officer on oath or affirmation and if the justice considers there is probable ground for the accusation, the justice shall issue the law-enforcement officer a warrant.

(b) A warrant of arrest may be in the form prescribed by the Justice of the Peace Court Criminal Rules.

(c) The warrant shall ordinarily be directed to any law-enforcement officer in the county in which the alleged offense was committed, but in case of an emergency the warrant may be directed to any law-enforcement officer in the State.

(d) A copy of the complaint shall be attached to the warrant.

Code 1852, §§ 2023-2025;  Code 1915, § 3968;  Code 1935, § 4468;  11 Del. C. 1953, § 5910;  70 Del. Laws, c. 186, § 1;  75 Del. Laws, c. 278, §§ 4-6;  83 Del. Laws, c. 481, § 1;