§ 2325. Disposition of seized vehicles.
§ 2325. Disposition of seized vehicles. Upon the judgment of the Superior Court, the vehicle so seized and all of the rights, title and interest therein, or any right, title or interest in and to any such motor vehicle, as the Court determines, shall be forfeited to the State and the vehicle shall be committed […]
§ 2326. Application of subchapter.
§ 2326. Application of subchapter. This subchapter with respect to condemnation and forfeiture shall not apply to or against the owner of a vehicle who has not knowingly used or permitted the vehicle to be used in, or in connection with, the commission of a felony, or who has not knowingly and voluntarily used or […]
§ 2306. Application or complaint for search warrant.
§ 2306. Application or complaint for search warrant. The application or complaint for a search warrant shall be in writing, signed by the complainant and verified by oath or affirmation. It shall designate the house, place, conveyance or person to be searched and the owner or occupant thereof (if any), and shall describe the things […]
§ 2307. Issuance; contents; execution and return of search warrants.
§ 2307. Issuance; contents; execution and return of search warrants. (a) Issuance of search warrants; contents. — If the judge, justice of the peace or other magistrate finds that the facts recited in the complaint constitute probable cause for the search, that person may direct a warrant to any proper officer or to any other […]
§ 2308. Search at nighttime.
§ 2308. Search at nighttime. A search warrant shall not authorize the person executing it to search any dwelling house in the nighttime unless the judge, justice of the peace or magistrate is satisfied that it is necessary in order to prevent the escape or removal of the person or thing to be searched for, […]
§ 2309. Grounds for seizure of subject matter of search.
§ 2309. Grounds for seizure of subject matter of search. (a) Any papers, articles or things which are the subject matter of a search warrant may be seized: (1) By any peace officer without a search warrant where such paper, article or thing is in plain view without the necessity of a search. (2) Where […]
§ 2309A. Objects subject to search and seizure.
§ 2309A. Objects subject to search and seizure. (a) When used in this subchapter, the terms “property” and “papers, articles or things” shall, in addition to their ordinary meanings, include any funds placed in a bank or other monetary account. (b) Any papers, articles, things or other property which represent or is traceable to the […]
§ 2310. Short form of affidavit, application and search warrant.
§ 2310. Short form of affidavit, application and search warrant. (a) The following shall be sufficient form of affidavit and application for search warrant: ________________ IN THE (NAME OF COURT) ________________ STATE OF DELAWARE IN THE MATTER OF: ________________AFFIDAVIT AND AP- (NAME OF PERSONS, HOUSE, ________________ PLICATION FOR PLACE OR THING TO BE ________________ SEARCH […]
§ 2311. Disposition of property validly seized.
§ 2311. Disposition of property validly seized. (a) The following disposition shall be made of any papers, articles or things validly seized: (1) If the papers, articles or things were obtained as the result of the commission of a crime, they shall be returned to their lawful owners; (2) If the papers, articles or things […]
§ 2321. Definitions.
§ 2321. Definitions. As used in this subchapter: “Vehicle” includes all motor-propelled vehicles, wagons, carts, carriages, bicycles, vessels and aircraft. 42 Del. Laws, c. 144, § 1; 11 Del. C. 1953, § 2321; 58 Del. Laws, c. 424, § 3;