Delaware Arrest Law

Current through 2021 Legislative Session Act 52
Section 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.