US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 2402. Interception of communications generally; divulging contents of communications, violations of chapter.

§ 2402. Interception of communications generally; divulging contents of communications, violations of chapter. (a) Prohibited acts. — Except as specifically provided in this chapter or elsewhere in this Code no person shall: (1) Intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept any wire, oral or electronic communication; […]

§ 2403. Manufacture, possession or sale of intercepting device.

§ 2403. Manufacture, possession or sale of intercepting device. (a) Prohibited acts. — Except as otherwise specifically provided by this chapter, any person who manufactures, assembles, possesses or sells any electronic, mechanical or other device knowing or having reason to know that the design of the device is primarily for the purpose of the surreptitious […]

§ 2404. Admissibility of evidence.

§ 2404. Admissibility of evidence. Whenever any wire or oral communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in any trial, hearing or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee or other […]

§ 2405. Authorities permitted to apply for order authorizing interception.

§ 2405. Authorities permitted to apply for order authorizing interception. The Attorney General, Chief Deputy Attorney General, State Prosecutor or Chief Prosecutor of any county may apply to a judge authorized to receive intercept applications and the judge, in accordance with § 2407 of this title, may grant an order authorizing the interception by investigative […]

§ 2406. Lawful disclosure or use of contents of communication.

§ 2406. Lawful disclosure or use of contents of communication. (a) Disclosure by investigative or law-enforcement officer. — Any investigative or law-enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral or electronic communication or evidence derived therefrom may disclose the contents to another investigative […]

§ 2407. Ex parte order authorizing interception.

§ 2407. Ex parte order authorizing interception. (a) Application. — Any application for an order authorizing the interception of a wire, oral or electronic communication shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant’s authority to make the application. Each application shall include the […]

§ 2408. Reports to President Judge.

§ 2408. Reports to President Judge. (a) Report by Judge. — Within 30 days after the expiration of an order or an extension or renewal thereof entered under this chapter or the denial of an order confirming verbal approval of interception, the issuing or denying Judge shall make a report to the President Judge of […]

§ 2409. Civil liability; defense to civil or criminal action.

§ 2409. Civil liability; defense to civil or criminal action. (a) Civil liability. — Any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, uses, or procures any other person to intercept, disclose or […]

§ 2410. Breaking and entering, etc., to place or remove equipment.

§ 2410. Breaking and entering, etc., to place or remove equipment. Any person who breaks and enters, enters under false pretenses, or trespasses upon any premises with the intent to place, adjust or remove wiretapping or electronic surveillance or eavesdropping equipment without a court order shall be guilty of a class C felony. 72 Del. […]

§ 2411. Hostage and barricade situations.

§ 2411. Hostage and barricade situations. (a) The Superintendent of the Delaware State Police or the commander of the law-enforcement agency of any political subdivision of this State may designate 1 or more law-enforcement officers as hostage and barricade communications specialists. (b) Each communication common carrier providing service to Delaware residents shall designate 1 or […]

§ 2412. Obstruction, impediment or prevention of interception.

§ 2412. Obstruction, impediment or prevention of interception. (a) Giving notice of interception. — A person who has knowledge that an investigative or law-enforcement officer has been authorized or has applied for authorization under this chapter to intercept wire, oral or electronic communications may not give notice or attempt to give notice of an authorized […]