§ 1902 — Questioning and detaining suspects

Delaware § 1902

• Jurisdiction: Delaware
• Title: 11
• Part: Criminal Procedure Generally
• Ch. 19: ARREST AND COMMITMENT; FRESH PURSUIT
• Subch.: Arrest and Commitment

Text

(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.

Legislative History

Code 1935, §§ 5343-B; 48 Del. Laws, c. 304 ; 11 Del. C. 1953, § 1902; 56 Del. Laws, c. 152, § 1 ; 70 Del. Laws, c. 186, § 1