Delaware § 1908 Release of person arrested without warrant

Delaware Statutes

§ 1908 — Release of person arrested without warrant

Delaware § 1908

JurisdictionDelaware

Title11

PartCriminal Procedure Generally

Ch. 19ARREST AND COMMITMENT; FRESH PURSUIT

Subch.Arrest and Commitment

This text of Delaware § 1908 (Release of person arrested without warrant) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 11, § 1908 (2026).

Text

(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.

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(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.