Arrest and Commitment; Fresh Pursuit

Del. Code tit. 11, ch. 19
in effect

Del. Code tit. 11, § 1901 Definitions.

As used in this subchapter: (1) “Arrest” is the taking of a person into custody in order that the person may be forthcoming to answer for the commission of a crime. (2) “Peace officer” is any public officer authorized by law to make arrests in a criminal case. Sheriffs and sheriff deputies are not authorized by law to make arrests in criminal cases.

Del. Code tit. 11, § 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 who fails to give identification or explain the person’s actions to the satisfaction of the officer may be detained and further questioned and investigated. (c) The total period of detention provided for by this section shall not exceed 2 hours. The detention is not an arrest and shall not be recorded as an arrest in any official record. At the end of the detention the person so detained shall be released or be arrested and charged with a crime.

Del. Code tit. 11, § 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 weapon. If the officer finds a weapon, the officer may take and keep it until the completion of the questioning, when the officer shall either return it or arrest the person. The arrest may be for the illegal possession of the weapon.

Del. Code tit. 11, § 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 law-enforcement officers of the state where the misdemeanor was committed request an arrest and the accused will not be apprehended unless immediately arrested; (3) Out of the officer’s presence and within the State for the crime of shoplifting and the arrest is based upon personal investigation at the scene of arrest and where a store employee is present who has observed the activity of the person to be arrested and that person is still present; (4) Out of the officer’s presence and within the State for any misdemeanor involving physical injury or the threat thereof or any misdemeanor involving illegal sexual contact or attempted sexual contact; (5) Out of the officer’s presence and within the State for a violation of a protective order issued by: Family Court; a court of any state, territory, or Indian nation in the United States; or a court of Canada; (6) Out of the officer’s presence and within the State for any misdemeanor occurring on school property; or (7) Out of the officer’s presence and within the State for the crime of underage gambling, § 4810(a) of Title 29, and all of the following apply: a. The arrest is based upon the officer’s personal investigation at the scene of arrest. b. A gaming employee, as defined in § 4803 of Title 29, is present who has observed the activity of the person to be arrested. c. The person to be arrested is still present. (b) An arrest by a peace officer without a warrant for a felony, whether committed within or without the State, is lawful whenever: (1) The officer has reasonable ground to believe that the person to be arrested has committed a felony, whether or not a felony has in fact been committed; or (2) A felony has been committed by the person to be arrested although before making the arrest the officer had no reasonable ground to believe the person committed it. (c) Notwithstanding any other provision of law to the contrary, an arrest by a peace officer without a warrant for violation of probation is lawful whenever the peace officer has a reasonable ground to believe that the person to be arrested has committed a new offense within or without the State during a period of probation and has thereby violated a condition of said probation imposed upon the person by a court of this State. A reasonable ground to believe that a person has committed a new offense may be based upon, but is not limited to, a finding of probable cause to issue a warrant for the new offense made by a neutral magistrate, an indictment returned by a grand jury for the new offense or an information for the new offense filed in any court. Any person arrested pursuant to the provisions of this subsection shall be processed in accordance with the provisions of § 1909 of this title, at which time bail shall be set on both the new offense and the violation of probation.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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 O.C.P No. Birth Date Sex M F No. and Street City State Color W B O Occupation Owner’s Name First Middle State Tag No. Address Specific Offense Sec. No. Date Time M. Acc. Yes No Hundred County Route No. Exact Location S K NC Magistrate Arresting Officer Date of Trial Troop Time Address You are hereby directed to appear at the time and place designated above to stand trial for the offense indicated. A failure to obey this summons may result in fine or imprisonment, or both. Final Disposition of Upper Court Remarks TRAFFIC ARREST REPORT DELAWARE STATE POLICE (b) If the person fails to appear in answer to the summons, or if there is reasonable cause to believe that the person will not appear, a warrant for the person’s arrest may issue. (c) Whoever wilfully fails to appear in answer to the summons may be fined not more than $100 or imprisoned for not more than 30 days, or both.

Del. Code tit. 11, § 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 there is no ground for making a criminal complaint against the person and no further proceedings are desirable; or (2) The person was arrested for a misdemeanor and has signed an agreement to appear in court at a time designated, if the officer is satisfied that the person is a resident of the State and will appear in court at the time designated. (b) A person released as provided in this section shall have no right to sue on the ground that the person was released without being brought before a magistrate.

Del. Code tit. 11, § 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 good cause shown, orders that person be held for a further period not to exceed 48 hours. (b) Persons unable to knowingly and intelligently participate in the presentment proceedings because of incapacitation as a result of the consumption of alcohol or the use of drugs may, until such time as they are able to meaningfully participate in those proceedings, be held in police custody or be temporarily committed with bail and conditions of release to the custody of the Department of Correction on order of and following a determination of incapacitation by a magistrate. This temporary holding or commitment should not exceed 12 hours from the time of commitment until presentment, unless the court, for good cause shown, orders that person be held for a further period not to exceed 24 additional hours.

Del. Code tit. 11, § 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 of the officer, the officer may take the person forthwith before a magistrate. If the person fails to give identification to the satisfaction of the magistrate, the latter may require the person to furnish bond or may commit the person to jail until the person so gives identification.

Del. Code tit. 11, § 1911 Police officers; statewide authority.

(a) For purposes of this section “police officer” means any police officer holding current certification by the Police Officer Standards and Training Commission 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; (3) A member of the police department, bureau or force of any incorporated city or town; (4) A member of the Delaware River and Bay Authority Police; (5) A member of the Capitol Police; (6) A member of the University of Delaware Police; (7) A law-enforcement officer of the Department of Natural Resources and Environmental Control; (8) An agent of the State Division of Alcohol and Tobacco Enforcement; (9) An officer or agent of the State Police Drug Diversion Unit; (10) A state detective or special investigator of the Department of Justice; (11) Delaware State University Police; or (12) A member of the Office of the State Fire Marshal. (b) A police officer may arrest without a warrant at any location within the State any person the officer has reasonable grounds to believe is committing or attempting to commit a felony in the officer’s presence. (c) An on-duty police officer may arrest upon view and without a warrant at any location within the State any person when probable cause exists to believe that the person is committing or attempting to commit any crime which creates a substantial risk of death or serious physical injury to another person or which constitutes a violation of § 4177 of Title 21. (d) An “on-duty” police officer may arrest at any location in the State any person for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued. The “on-duty” police officer shall, where acting outside of the officer’s jurisdiction, take reasonable measures to notify the primary jurisdictional police agency of the intended time and place of the execution of the arrest warrant. (e) A police officer may render assistance to another police officer at any location within the State when the officer reasonably believes that the police officer to be assisted is lawfully performing that officer’s duty and that death or injury will occur to that police officer if assistance is not provided. (f) When police officers who are certified by the Police Officer Standards and Training Commission are dispatched by a Public Safety Answering Point outside of their respective jurisdiction as conservators of the peace, those officers shall be considered to be acting as officers of the dispatching agency and have the powers of arrest thereof. (g) A police officer acting under the authority of this section shall be considered to be acting within the scope of employment. (h) This section shall not serve to limit the authority of members of the Delaware State Police or other police officers as provided for elsewhere in this title or by other authority. (i) “Police officer” as used in this code shall not include sheriffs and sheriff deputies.

Del. Code tit. 11, § 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 crime, only if: (1) The federal officer reasonably believes that the person arrested has committed or is committing a felony in the officer’s presence; or (2) The federal officer is rendering assistance to a peace officer of this State in an emergency or at the request of the peace officer.

Del. Code tit. 11, § 1913 Release and publication of the name and photograph of a juvenile [Effective until Oct. 21, 2026].

(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 photograph of a suspect’s face or profile. (5) “Name of juvenile” means the name of a juvenile who has been arrested or suspected of committing a crime. (6) “Photograph of a juvenile” means any image depicting a juvenile who has been arrested or suspected of committing a crime. “Photograph of a juvenile” includes a mugshot. (7) “Publish” means to disseminate to the public or produce or release for distribution. “Publish” includes to display on any publicly-maintained social media page or website. (8) “Release” means to make available or accessible to the public. (9) “Violent felony” means as defined in § 4201 of this title. (b) No law-enforcement agency shall release or publish or cause to be released or published the name of a juvenile or a photograph of a juvenile unless all of the following apply: (1) The juvenile is charged with a violent felony. (2) Release or publication of the photograph or name of the juvenile is necessary to protect the public’s safety.

Del. Code tit. 11, § 1914 Arrest or detention by private person prohibited; exceptions.

(a) Except as set forth under subsection (b) of this section, arrest or detention by any person who is not specifically authorized by statute to effect an arrest or detention is prohibited. (b) (1) If a peace officer is attempting to effect an arrest or detention, a private citizen may assist upon request of a peace officer or if the peace officer is incapacitated. (2) A person employed by or providing security services for a “health-care institution,” as defined in § 2502C of Title 16, or a medical or dental practice licensed under Title 24 may, for the purpose of summoning a law-enforcement officer, take any person presenting a security or safety risk at such premises into custody and detain the person in a reasonable manner on the premises for a reasonable time.

Del. Code tit. 11, § 1931 Definitions.

As used in this subchapter: “Fresh pursuit” includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or a misdemeanor or a violation of the Motor Vehicle Code of this State or who is reasonably suspected of having committed a felony or a misdemeanor or a violation of the Motor Vehicle Code of this State, and also includes the pursuit of a person suspected of having committed a supposed felony or misdemeanor or violation of the Motor Vehicle Code of the State though no violation of the law has actually been committed, if there is reasonable grounds for believing that a violation of the law has been committed; however, fresh pursuit as used in this subchapter does not necessarily imply instant pursuit, but pursuit without unreasonable delay.

Del. Code tit. 11, § 1932 Arrest by out-of-state police.

(a) Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this State in fresh pursuit, and continues within this State in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony, a misdemeanor or a violation of the motor vehicle code in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this State, to arrest and hold in custody a person on the ground that the person is believed to have committed a felony, a misdemeanor or a violation of the Motor Vehicle Code in this State. (b) This section shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful.

Del. Code tit. 11, § 1933 Hearing before justice of the peace; waiver of extradition.

If an arrest is made in this State by an officer of another state in accordance with § 1932 of this title, the officer shall without unnecessary delay take the person arrested before a justice of the peace of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the justice of the peace determines that the arrest was lawful the justice of the peace shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this State, or admit the person to bail for such purpose. If the justice of the peace determines that the arrest was unlawful the justice of the peace shall discharge the person arrested. If the person so arrested waives extradition in the manner provided by law, upon the filing of the waiver at the central office or headquarters of any local, county or state police, or at the local office of the Attorney General, the officer having the arrested person in charge may forthwith take the person from this State to the state where the arrested person is wanted for having committed the felony.

Del. Code tit. 11, § 1935 Fresh pursuit by county, municipal, town and other peace units.

Any peace officer of a duly organized county, municipal, town, interstate bridge or university peace unit or a law-enforcement officer of the Department of Natural Resources and Environmental Control, but not county sheriffs or their deputies, may carry out fresh pursuit of any person anywhere within this State, regardless of the original territorial jurisdiction of such officer, in order to arrest such person pursued, when there is reasonable grounds to suspect that a felony, misdemeanor, or violation of the Motor Vehicle Code has been committed in this State by such person.

Del. Code tit. 11, § 1942 Definitions.

As used in this subchapter: (1) “Emergency” means any such circumstance which, in the judgment of the principal law-enforcement officer of the requesting jurisdiction, requires additional police assistance, and shall include such planned or anticipated or scheduled events that, in the judgment of the principal law-enforcement officer of the requesting jurisdiction, will require additional police resources beyond the reasonable capacity of the requesting jurisdiction. The governing body of a jurisdiction may determine the circumstances under which police officers of its jurisdiction, together with all necessary equipment, may lawfully go or be sent beyond the territorial limits of its jurisdiction to any point within or without the State. (2) “Jurisdiction” means a recognized geographic area such as a county, incorporated municipality or the legislatively defined area of responsibility of the Delaware River and Bay Authority or the Department of Safety and Homeland Security or the Department of Natural Resources and Environmental Control and/or the University of Delaware and/or Delaware State University in which the governing body and its police have the authority, capacity, power and right to enforce laws. (3) “Mutual assistance” means the provisions under this subchapter enabling the police of one jurisdiction to enter into another jurisdiction for purpose of rendering assistance upon the request of the other jurisdiction. (4) “Police” includes all authorized law-enforcement personnel of a jurisdiction.

Del. Code tit. 11, § 1943 Use of police from other jurisdictions in emergencies.

Whenever the necessity arises during an emergency, upon request, the police of one jurisdiction may, pursuant to this subchapter, lawfully enter into another jurisdiction for the purpose of assisting in meeting such emergency.

Del. Code tit. 11, § 1944 Mutual assistance.

(a) The police agency of a jurisdiction may in its discretion enter into agreements to provide mutual assistance for such periods as it deems advisable with any other jurisdiction within or without the State, including the District of Columbia. Such agreements must set forth the rights and obligations of the parties with respect to the mutual assistance contemplated under the agreement. (b) [Repealed.]

Del. Code tit. 11, § 1945 Liability insurance.

The governing body of any jurisdiction in this State is authorized to procure or extend the necessary public liability insurance to cover claims arising out of mutual assistance to other jurisdictions.

Del. Code tit. 11, § 1946 Direction and authorization of activities.

(a) The principal law-enforcement officer on duty of a jurisdiction shall be responsible for directing the activities of all police coming into that officer’s jurisdiction pursuant to this subchapter. (b) The principal law-enforcement officer shall be empowered to authorize all police from a foreign jurisdiction to the same extent as if they were duly authorized law-enforcement officers of the jurisdiction.

Del. Code tit. 11, § 1947 Immunities; benefits.

Police, when acting outside their respective jurisdictions pursuant to mutual assistance, shall have all the immunities from liability and exemptions from law, ordinances and regulations and shall have all the pension, relief, disability workers’ compensation and other benefits enjoyed by them while performing their respective duties within their own jurisdiction. Nothing in this subchapter shall be construed as in any way limiting the provisions of § 1911 of this title.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c019/sc01/index.htmlFetched: 10/4/2026