§ 2301. Search to accord with statute or Constitution. No person shall search any person, house, building, conveyance, place or other thing without the consent of the owner (or occupant, if any) unless such search is authorized by and made pursuant to statute or the Constitution of the United States. Code 1935, §§ 5343-AA; 48 […]
§ 2302. Search without warrant in hot pursuit. A search of a person, house, building, conveyance, place or other thing may be made without a warrant if the search is made for a person hotly pursued provided the pursuer has probable cause to believe that such person has committed a felony or a misdemeanor. Code […]
§ 2303. Search without warrant incident to arrest. A search of a person, house, building, conveyance, place or other thing may be made without a warrant if: (1) The search is made incidental to and contemporaneous with a lawful arrest; (2) The search is made in order to find and seize: a. The fruits of […]
§ 2304. Persons authorized to issue search warrants. Any Judge of the Superior Court, the Court of Common Pleas, or any justice of the peace, or any magistrate authorized to issue warrants in criminal cases may, within the limits of their respective territorial jurisdictions, issue a warrant to search any person, house, building, conveyance, place […]
§ 2305. Objects of search warrant. A warrant may authorize the search of any person, house, building, conveyance, place or other things for any of the following: (1) Papers, articles or things of any kind which were instruments of or were used in a criminal offense, the escape therefrom or the concealment of said offense […]
§ 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. (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. 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. (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. (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. (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. (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 […]
