Search and Seizure

Del. Code tit. 11, ch. 23
in effect

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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 a crime; b. The means by which the crime was committed; c. Weapons and other things to effect an escape from arrest or custody; and d. Evidentiary matter pertaining to the commission of a crime.

Del. Code tit. 11, § 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 or other thing for each or any of the items specified in § 2305 of this title.

Del. Code tit. 11, § 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 or offenses; (2) Property obtained in the commission of a crime, whether the crime was committed by the owner or occupant of the house, building, place or conveyance to be searched or by another; (3) Papers, articles, or things designed to be used for the commission of a crime and not reasonably calculated to be used for any other purpose; (4) Papers, articles or things the possession of which is unlawful; (5) Papers, articles or things which are of an evidentiary nature pertaining to the commission of a crime or crimes; (6) Persons for whom a warrant of arrest has been issued.

Del. Code tit. 11, § 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 or persons sought as particularly as may be, and shall substantially allege the cause for which the search is made or the offense committed by or in relation to the persons or things searched for, and shall state that the complainant suspects that such persons or things are concealed in the house, place, conveyance or person designated and shall recite the facts upon which such suspicion is founded.

Del. Code tit. 11, § 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 person by name for service. The warrant shall designate the house, place, conveyance or person to be searched, and shall describe the things or persons sought as particularly as possible. (b) Execution and return with inventory. — The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made forthwith and shall be accompanied by a written inventory of any property taken. The inventory shall be made and signed by the officer executing the warrant in the presence of the person from whose possession or premises the property was taken, if they are present, or if they are not present, in the presence of at least 1 witness. The judge shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

Del. Code tit. 11, § 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, and then the authority shall be expressly given in the warrant. For purposes of this section the term “nighttime” shall mean the period of time between 10:00 p.m. and 6:00 a.m.

Del. Code tit. 11, § 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 such paper, article or thing is discovered pursuant to a valid search, with or without a search warrant, whether or not such paper, article or thing is an object of the search or is described in the search warrant. (b) The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made forthwith and shall be accompanied by a written inventory of any property taken. The inventory shall be made and signed by the officer executing the warrant in the presence of the person from whose possession or premises the property was taken, if they are present, or, if they are not present, in the presence of at least 1 witness. The judge shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

Del. Code tit. 11, § 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 fruits of a crime or which represent or is traceable to the proceeds obtained, directly or indirectly, as a result of the commission of a crime, shall be subject to search and seizure pursuant to this subchapter.

Del. Code tit. 11, § 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 SEARCHED) STATE OF DELAWARE ________________________________ COUNTY________________ SS. Be it remembered that on this ________________ day of .________________, A.D. 20 ________, before me (name of judge or justice of peace and designation of court), personally appeared (name and rank of affiant and designation of police department of which affiant is a member), who being by me duly sworn (or affirmed) deposes (or depose) and says (or say): That the affiant (or affiants) has (or have) reason to believe and does (or do) believe that in the (house, place, conveyance or person known as ________________ designate and describe briefly,) the owner(s) (or occupant(s)) is (are) (name and owner or owners, occupant or occupants) there has been and/or there is now located and/or concealed certain property in said house, place, conveyance and/or on the person or persons of the occupants thereof, consisting of property, papers, articles or things which are the instruments of a criminal offense, and/or obtained in the commission of a crime, and/or designated to be used in the commission of a crime, and not reasonably calculated to be used for any other purpose and/or the possession of which is unlawful and, in particular, (describe the property or person expected to be found) which said property, papers, articles or things were, are, or will be possessed and/or used in violation of Title 11, Chapter ________________, Section ________________, Delaware Code, in that (designate offense by name and brief statement of its commission). And that the facts tending to establish probable cause for believing that the foregoing grounds for the application exist are as follows:(State briefly only. Also, if authority is sought to search a dwelling house in the nighttime, set forth briefly the facts which show that the nighttime search is necessary to prevent the escape or removal of the person or thing to be searched for.) (State briefly only. Also, if authority is sought to search a dwelling house in the nighttime, set forth briefly the facts which show that the nighttime search is necessary to prevent the escape or removal of the person or thing to be searched for.) WHEREFORE, this (these) affiant(s) prays (or pray) that a search warrant may be issued authorizing a search of the aforesaid (house, place, conveyance, person or persons, or occupant or occupants) in the manner provided by law. ________________________________ Affiant ________________________________ Affiant ________________ SWORN to (or affirmed) and subscribed before me this ________________ day of ________________, A.D. 20________ ________________________________________________________________ (Judge or Justice of Peace - Designate name, title and court) ________________ (b) The following shall be a sufficient form of search warrant where search of a dwelling house in the nighttime is not authorized: ________________ IN THE (NAME OF COURT) ________________ STATE OF DELAWARE IN THE MATTER OF: ________________ (NAME OF PERSON, HOUSE, ________________ SEARCH WARRANT PLACE OR THING TO BE SEARCHED) THE STATE OF DELAWARE TO: (Name and rank of person or persons directed to make search and designation of police department of which such persons are members) with the assistance of any police officer or constable or any other necessary or proper person or persons or assistance. GREETINGS: Upon the annexed affidavit and application or complaint for a search warrant, as I am satisfied that there is probable cause to believe that certain property, namely (describe the property) used or intended to be used for ________________, is being concealed on the (premises) (person) described in the annexed affidavit and application or complaint; NOW THEREFORE, YOU ARE HEREBY COMMANDED within 10 days of the date hereof to search the above-named person, persons, house, conveyance or place for the property specified in the annexed affidavit and application, and to search any occupant or occupants found in the house, place, or conveyance above named for such property, serving this warrant and making the search in the daytime, or in the nighttime if the property to be searched is not a dwelling house, and, if the property, papers, articles or things, or any part thereof, be found there, to seize it, giving to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken, or leaving the copy and receipt at the place from which the property was taken, and to prepare a signed inventory of the goods seized in the presence of the person from whose possession or premises the property was taken, if they are present, or, if they are not present, in the presence of at least 1 witness, and to return this warrant, accompanied by the written inventory, to me forthwith. DATED the ________________ day of ________________, A.D. 20________ ________________________________________________________________ (Judge or Justice of Peace - Designate name, title and court) ________________ (c) The following shall be sufficient form of search warrant where search of a dwelling house in the nighttime is authorized: ________________ IN THE (NAME OF COURT) ________________ STATE OF DELAWARE IN THE MATTER OF: ________________ (NAME OF PERSON, HOUSE, ________________ SEARCH WARRANT PLACE OR THING TO BE SEARCHED) THE STATE OF DELAWARE TO: (Name and rank of person or persons directed to make search and designation of police department of which such persons are members) with the assistance of any police officer or constable or any other necessary or proper person or persons or assistance. GREETINGS: Upon the annexed affidavit and application or complaint for a search warrant, as I am satisfied that there is probable cause to believe that certain property, namely (describe the property) used or intended to be used for ________________ ________________, is being concealed on the (premises) (person) described in the annexed affidavit and application or complaint; and that search of the premises in the nighttime is necessary in order to prevent the escape or removal of the person or thing to be searched for; NOW THEREFORE, YOU ARE HEREBY COMMANDED within 3 days of the date hereof to search the above-named person, persons, house, place or conveyance for the property specified in the annexed affidavit and application, and to search any occupant or occupants found in the house, place or conveyance above named for such property serving this warrant and making the search in the daytime, or in the nighttime and, if the property, papers, articles or things, or any part thereof, be found there, to seize it, giving to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken, or leaving the copy and receipt at the place from which the property was taken, and to prepare a signed inventory of the goods seized in the presence of the person from whose possession or premises the property was taken, if they are present, or, if they are not present, in the presence of at least 1 witness, and to return this warrant, accompanied by the written inventory, to me forthwith. DATED the ________________ day of ________________, A.D. 20________ ________________________________________________________________ (Judge or Justice of Peace - Designate name, title and court) ________________

Del. Code tit. 11, § 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 were property which represents or is traceable to the fruits of a crime or which represents or is traceable to the proceeds obtained, directly or indirectly, as a result of the commission of a crime and the person from whom they are seized is duly convicted of the alleged crime, the court may order that the property be disposed of or dispersed in a manner consistent with § 4106 of this title or otherwise disposed of as the court directs; (3) If the papers, articles or things were allegedly used in the commission of a crime, they shall be returned to the person from whom seized if such person is not thereafter duly convicted of the alleged crime; but if such person is duly convicted of the alleged crime, the papers, articles and things shall be disposed of as the court directs; (4) If possession of the papers, articles or things seized is unlawful, they shall, upon petition, be disposed of as any Judge of the Superior Court directs. (b) Any papers, articles or things validly seized may be retained by the police for a reasonable length of time for the purpose of apprehending the offender or using the papers, articles or things so seized as evidence in any criminal trial, or both. (c) A deadly weapon or ammunition which was validly seized from a person who is prohibited from purchasing, owning, possessing or controlling a deadly weapon as a result of a felony conviction under Delaware law, federal law or the law of any other state, or who is otherwise prohibited under § 1448 of this title may be disposed of by the law-enforcement agency holding the weapon or ammunition, after the exhaustion of any right of direct appeal, and after proper notice of the intent to dispose of such deadly weapon or ammunition 6 months from the date of the notice, unless such deadly weapon or ammunition has been claimed by the owner or a third party. If the deadly weapon or ammunition shall remain unclaimed after 6 months from the date of notice, then no party shall thereafter have the right to assert ownership thereof, and the law-enforcement agency may dispose of such deadly weapon or ammunition following the expiration of the period set forth in subsection (d) of this section. For purposes of this section, “disposition” may include the sale or transfer of the firearms to a federal licensed dealer, defined as a person licensed as a firearms collector, dealer, importer, or manufacturer under the provisions of 18 U.S.C. § 922 et seq., or destruction of the firearms and ammunition. (1) Any person requesting the return of any deadly weapon or ammunition hereunder shall have the burden to prove that he or she is the owner thereof and is not otherwise prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition. (2) Any third party requesting the return of any deadly weapon or ammunition hereunder shall also have the burden to prove ownership by devise, gift, sale or other legally-recognized process for conveying ownership. (d) Any law-enforcement agency denying an owner or a third party the possession of any deadly weapon or ammunition pursuant to this section shall not dispose of such deadly weapon or ammunition until the expiration of 60 calendar days from the date of denial. (e) Notwithstanding anything in this section to the contrary, any law-enforcement agency holding a deadly weapon or ammunition validly seized from a person who is subject to a Family Court protection from abuse order pursuant to § 1448(a)(6) of this title may dispose of such deadly weapon or ammunition after the expiration or termination of such order and after proper notice is provided to the owner in accordance with subsections (c) and (d) of this section. (f) For purposes of this section: (1) “Last-known address” shall mean the last known address of the owner of any deadly weapon or ammunition hereunder as determined through the Delaware Criminal Justice Information System (DELJIS), the Family Court of the State or the address noted on the owner’s most recent driver’s license, vehicle registration or Division of Motor Vehicle identification card. In accordance with this section, the Family Court is authorized to provide to law-enforcement the most recent address of an owner who was, or is, a party to any Family Court proceeding. (2) “Proper notice” shall mean notice of a law-enforcement agency’s intention to dispose of a deadly weapon or ammunition in accordance with this section by written notice, via certified letter, return receipt requested, to the owner’s last known address and by publication in a local or statewide newspaper at least once a week for 2 consecutive weeks. Such notice shall state that the local law-enforcement agency may not dispose of said deadly weapon or ammunition until the expiration of the notice period set forth in this section. (3) “Third party” shall mean any person requesting the return of any deadly weapon or ammunition hereunder who is not the party to whom notice was sent in accordance with subsection (c) of this section. (g) If a law-enforcement agency denies any request for the return of a deadly weapon or ammunition hereunder, the person or third party so denied shall have the right to file a petition in any court of competent jurisdiction for the return of the deadly weapon or ammunition, in addition to any other rights such person may have. A law-enforcement agency shall not dispose of a deadly weapon or ammunition subject to such a petition until a final adjudication and the expiration of any appeal period. The petition filed pursuant to this subsection shall include the following: (1) A complete description of the property including all identification and registration numbers if applicable; (2) The name and last known address of the owner or owners of the property; (3) The names and addresses of any persons who claim to or have an interest or lien in the subject property; (4) A statement of the value of the subject property; and (5) A statement by the petitioner that he or she requested the return of a deadly weapon or ammunition from a law-enforcement agency, and that such request was denied. (h) Upon receipt of a petition which is made pursuant to subsection (g) of this section, the court shall send a notice and a copy of the petition to the law-enforcement agency holding the deadly weapon or ammunition and to all other owners and/or lienholders of said property identified in the petition. Such notice shall include: (1) A statement that a petition has been made with the court; (2) A statement that the owner or other person has a legal right to a hearing in the courts and that if a hearing is desired then the owner or other person shall file with the court an answer to the petition; (3) A statement that if an answer is filed a hearing will be promptly scheduled and the owners or other interested persons may appear to contest the claim; (4) A statement that the court will enter a judgment in favor of the petitioner unless an answer is filed within 20 days after the date on which the notice was mailed; (5) A statement that the person may be liable for costs if a judgment is entered in favor of the petitioner. (i) If the court receives an answer described in paragraph (h)(3) of this section, the court shall notify the petitioner and all parties of the hearing date to determine ownership of the deadly weapon or ammunition. If no answer is filed pursuant to paragraph (h)(3) of this section, then the court shall issue an order declaring that the petitioner has full right, title and interest to the said deadly weapon or ammunition.

Del. Code tit. 11, § 2312 Reverse-keyword searches prohibited.

(a) For purposes of this section: (1) “Class A violent felony” means those felonies designated as class A that appear in § 4201(c) of this title. (2) “Data” means a digital representation of information, whether such data is stored in raw, unstructured, semi-structured, or structured formats. (3) “Database” means a repository of information or data. (4) “Government entity” means any department or agency of this State or any political subdivision thereof, or any individual acting for or on behalf of this State or a political subdivision thereof. (5) “Reverse-keyword court order” means any court order, including a search warrant or subpoena, compelling the disclosure of records or information identifying any unnamed persons, by name or other unique identifier, who electronically searched for a particular word, phrase, or website, or who visited a particular website through a link generated by such a search, regardless of whether or not the order is limited to a specific geographic area or time frame. (6) Reverse-keyword designated felony means any of the following crimes or an offense under the law of another jurisdiction that, if the act had taken place in Delaware, would be eligible to be charged as 1 of the following crimes: a. A class A violent felony. b. Strangulation or suffocation; § 607 of this title. c. Assault in the first degree; § 613 of this title. d. Promoting suicide; § 645 of this title. e. Unlawful sexual contact in the first degree; § 769 of this title. f. Rape in the third degree; § 771 of this title. g. Rape in the second degree; § 772 of this title. h. Sexual extortion; § 774 of this title. i. Continuous sexual abuse of a child; § 776 of this title. j. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree; § 778 of this title. k. Kidnapping in the second degree; § 783 of this title. l. Kidnapping in the first degree; § 783A of this title. m. Trafficking of an individual, forced labor and sexual servitude; § 787 of this title. n. Arson in the first degree; § 803 of this title. o. Burglary in the first degree; § 826 of this title. p. Robbery in the first degree; § 832 of this title. q. Extortion; § 846 of this title. r. Sexual exploitation of a child; § 1108 of this title. s. Dealing in child pornography; § 1109 of this title. t. Sexual solicitation of a child; § 1112A of this title. u. Promoting sexual solicitation of a child; § 1112B of this title. v. Stalking; § 1312 of this title. x. Bombs, incendiary devices, Molotov cocktails and explosive devices; § 1338 of this title. y. Adulteration; § 1339 of this title. z. Aggravated act of intimidation; § 3533 of this title. aa. Abuse, neglect, exploitation, or mistreatment of an adult who is impaired or incapacitated causing bodily harm, permanent disfigurement, permanent disability or death; § 3913(c) of Title 31. (7) “Reverse-keyword request” means any request, in the absence of a court order, by any government entity for the voluntary provision of records or information identifying any unnamed persons, by name or other unique identifier, who electronically searched for a particular word, phrase, or website, or who visited a particular website through a link generated by such a search, regardless of whether or not the request is limited to a specific geographic area or time frame. A “reverse-keyword request” includes an offer to purchase such records or information. (8) “Search hit” means a search result that identifies an individual device location or keyword entry that, upon querying of a database that is the subject of a reverse-keyword court order, precisely matches the criteria of the court order’s search query. (b) Reverse-keyword court orders prohibited. — (1) A government entity may not seek, from any court, a reverse-keyword court order. (2) A government entity may not seek, secure, obtain, borrow, purchase, or review any information or data obtained through a reverse-keyword court order. (3) No court of this State may issue a reverse-keyword court order. (4) No court or government entity of this State or a political subdivision thereof, may support, assist, or enforce a reverse-keyword court order issued by this State or a political subdivision thereof, or any other state or a political subdivision thereof, including the domestication of any such court order. (c) Reverse-keyword requests prohibited. — (1) A government entity may not make a reverse-keyword request. (2) A government entity may not seek, secure, obtain, borrow, purchase, or review any information or data obtained through a reverse-keyword request. (d) Notwithstanding the prohibition in subsection (b) of this section, a government entity may seek, and a court may grant, a reverse-keyword court order in the investigation of a reverse-keyword designated felony, subject to all of the following conditions: (1) If a database query undertaken pursuant to a reverse-keyword court order issued under this subsection results in 5 or fewer search hits, the entity to whom the order was directed must respond to the order by fully producing the information sought by the order. (2) If a database query that was undertaken pursuant to a reverse-keyword court order issued under this subsection results in more than 5 search hits, the entity to whom the order was directed must respond to the order by only providing the number of search hits produced by the query without any further information. The government entity may not seek, view, or accept any additional information generated by the search. A government entity may seek a new reverse-keyword court order with narrower search terms that meets the requirements of paragraph (d)(1) of this section. (3) A reverse-keyword court order issued under this subsection must prominently state the required limited response mandated under paragraph (d)(2) of this section in the event the search query returns more than 5 search hits. (4) A return received in response to a reverse-keyword court order must be kept under seal with the court and any evidence unrelated to the case must be immediately destroyed, unless otherwise required to be retained and provided to the defendant as potentially exculpatory evidence as required by law. (e) A government entity may not seek the assistance of any agency of the federal government or any agency of the government of another state or subdivision thereof in obtaining information or data from a reverse-keyword court order or reverse-keyword request if the government entity would be barred from directly seeking such information under this section. (f) Suppression of evidence. — (1) Except as proof of a violation of this section, no record or information obtained, accessed, or otherwise secured in violation of this section, nor any evidence derived therefrom, is admissible in any criminal, civil, administrative, or other proceeding. (2) For purposes of this subsection, a record, information, or evidence is “derived from” a reverse-keyword court order or reverse-keyword request where the government entity would not have originally possessed the information or evidence but for the violative court order or request, and regardless of any claim that the record, information, or evidence is attenuated from the unlawful order or request, would inevitably have been discovered, or was subsequently reobtained through other means.

Del. Code tit. 11, § 2313 Notice and enforcement.

(a) A person whose name or other identifying information was obtained by a government entity in violation of § 2312 of this title must be notified of the violation, in writing, by the government entity who committed the violation and of the legal recourse available to that person under this section. (b) A violation of § 2312 of this title constitutes an injury and a person injured by a violation may institute proceedings in a court of competent jurisdiction for any of the following: (1) Injunctive relief. (2) Declaratory relief. (3) A writ of mandamus. (4) Reasonable attorneys’ fees and costs. (c) Any data or other information acquired in violation of § 2312 of this title must be immediately deleted and destroyed. (d) Any officer, employee, or agent of this State or a political subdivision thereof who violates § 2312 of this title is subject to appropriate disciplinary action.

Del. Code tit. 11, § 2321 Definitions.

As used in this subchapter: “Vehicle” includes all motor-propelled vehicles, wagons, carts, carriages, bicycles, vessels and aircraft.

Del. Code tit. 11, § 2322 Grounds for seizure.

Whenever any vehicle, as defined in this subchapter, has been used in, or in connection with, the commission of any felony or in connection with the flight or escape of any person who has committed any felony or in the transporting of cigarettes in violation of Chapter 53 of Title 30, or in a violation of § 1343 of this title, or in a violation of § 4172 of Title 21 in a manner meeting the criteria set forth in § 4172(g) of Title 21, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of such use.

Del. Code tit. 11, § 2323 Transportation of controlled substances as grounds for seizure.

Whenever any vehicle, as defined in this subchapter, is used or intended for use to transport or in any manner to facilitate the transportation of any controlled substance in violation of subchapter IV of Chapter 47 of Title 16, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of such use, and any forfeiture proceeding shall be conducted in accordance with subchapter VI of Chapter 47 of Title 16. (1)-(4) [Repealed.]

Del. Code tit. 11, § 2324 Condemnation proceedings; rule-making power of Superior Court.

The vehicle seized under this subchapter shall be proceeded against by the Attorney General on behalf of this State in accordance with the procedure set forth in subchapter VI of Chapter 47 of Title 16.

Del. Code tit. 11, § 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 to the custody of the Department of Safety and Homeland Security, Division of State Police for its use. If the Department of Safety and Homeland Security, Division of State Police determines that such seized vehicle is not suitable for its purposes, custody will be transferred to the State Treasurer, who may allocate the same to and for the use of any other state bureau, department, agency or officer or may sell the same and deposit the proceeds into the Special Law Enforcement Assistance Fund.

Del. Code tit. 11, § 2326 Application of subchapter.

This subchapter with respect to condemnation and forfeiture does not apply to or against the owner of a vehicle unless the State proves that the owner knowingly used or permitted the vehicle to be used in, or in connection with, the commission of a felony, or knowingly and voluntarily used or permitted the vehicle to be used in, or in connection with, the flight or escape of any person who has committed any such felony or in the transporting of cigarettes in violation of Chapter 53 of Title 30, or in a violation of § 1343 of this title, or in a violation of § 4172 of Title 21 in a manner meeting the criteria set forth in § 4172(g) of Title 21. Nothing in this subchapter may be construed as authorizing the condemnation and forfeiture of the interest of any bona fide mortgagee or lienholder with respect to the vehicle unless the State proves that the mortgagee or lienholder knew or had cause to know, at the time its interest accrued, of a contemplated unlawful use of the vehicle.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c023/sc01/index.htmlFetched: 10/4/2026