§ 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. 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. (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. 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;
§ 1906. Possession and display of warrant. An arrest by a peace officer acting under a warrant is lawful even though the officer does not have the warrant in possession at the time of the arrest, but, if the person arrested so requests, the warrant shall be shown to the person as soon as practicable. […]
§ 1907. Summons instead of arrest; form; penalty for nonappearance. (a) In any case in which it is lawful for a peace officer to arrest without a warrant a person for a misdemeanor, the officer may, but need not, give the person a written summons in substantially the following form: Violator’s Last Name First Middle […]
§ 1908. Release of person arrested without warrant. (a) Any officer in charge of a police department or any officer delegated by the officer may release, instead of taking before a magistrate, any person who has been arrested without a warrant by an officer of that department whenever: (1) The officer is satisfied either that […]
§ 1909. Hearing without delay; permissible delay. (a) If not otherwise released, every person arrested shall be brought before a magistrate without unreasonable delay, and in any event the person shall, subject to the limitations contained in subsection (b) of this section below, be so brought within 24 hours of arrest, unless the court, for […]
§ 1910. Identification of witness. Whenever a peace officer has reasonable ground to believe that a crime has been committed, the officer may stop any person who the officer has reasonable ground to believe was present thereat and may demand the person’s name and address. If the person fails to give identification to the satisfaction […]
§ 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. 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. (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 […]
