US Lawyer Database

§ 1911. Police officers; statewide authority.

§ 1911. Police officers; statewide authority. (a) For purposes of this section “police officer” means any police officer holding current certification by the Council on Police Training as provided by Chapter 84 of this title and who is: (1) A member of the Delaware State Police; (2) A member of the New Castle County Police; […]

§ 1912. Federal law-enforcement officers; authority; immunity.

§ 1912. Federal law-enforcement officers; authority; immunity. A sworn federal law-enforcement officer, who in an official capacity is authorized by law to make arrests, shall have the same legal status and immunity from suit in this State as a member of the Delaware State Police when making an arrest in this State concerning a nonfederal […]

§ 1913. Release and publication of the name and photograph of a juvenile.

§ 1913. Release and publication of the name and photograph of a juvenile. (a) As used in this section: (1) “Juvenile” means a child 17 years of age or younger. (2) “Law-enforcement officer” means as defined in § 222 of this title. (3) “Law-enforcement agency” means any agency employing law-enforcement officers. (4) “Mugshot” means a […]

§ 1931. Definitions.

§ 1931. Definitions. As used in this subchapter: “Fresh pursuit” includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or a misdemeanor or a violation of the Motor Vehicle Code of this State or who is reasonably suspected of having committed a felony […]

§ 1932. Arrest by out-of-state police.

§ 1932. Arrest by out-of-state police. (a) Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this State in fresh pursuit, and continues within this State in such fresh pursuit, of a person in order to arrest the person on the ground that […]

§ 1933. Hearing before justice of the peace; waiver of extradition.

§ 1933. Hearing before justice of the peace; waiver of extradition. If an arrest is made in this State by an officer of another state in accordance with § 1932 of this title, the officer shall without unnecessary delay take the person arrested before a justice of the peace of the county in which the […]

§ 1902. Questioning and detaining suspects.

§ 1902. Questioning and detaining suspects. (a) A peace officer may stop any person abroad, or in a public place, who the officer has reasonable ground to suspect is committing, has committed or is about to commit a crime, and may demand the person’s name, address, business abroad and destination. (b) Any person so questioned […]

§ 1903. Searching questioned person for weapon.

§ 1903. Searching questioned person for weapon. A peace officer may search for a dangerous weapon any person whom the officer has stopped or detained to question as provided in § 1902 of this title, whenever the officer has reasonable ground to believe that the officer is in danger if the person possesses a dangerous […]

§ 1904. Arrest without warrant.

§ 1904. Arrest without warrant. (a) An arrest by a peace officer without a warrant for a misdemeanor is lawful whenever the officer has reasonable ground to believe that the person to be arrested has committed a misdemeanor: (1) In the officer’s presence; (2) Out of the officer’s presence and without the State, and if […]

§ 1905. Validity of arrest on improper grounds.

§ 1905. Validity of arrest on improper grounds. If a lawful cause of arrest exists, the arrest is lawful even though the officer charges the wrong offense or gives a reason that does not justify the arrest. Code 1935, §§ 5343-G;  48 Del. Laws, c. 304;  11 Del. C. 1953, § 1907;