§ 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.

Legislative History

Code 1935, §§ 5343-J; 48 Del. Laws, c. 304 ; 11 Del. C. 1953, § 1910; 57 Del. Laws, c. 694, § 2 ; 70 Del. Laws, c. 186, § 1