Delaware Statutes

§ 2303 — Search without warrant incident to arrest

Delaware·Title 11·Part Criminal Procedure Generally·Ch. 23 SEARCH AND SEIZURE·Subch. General Provisions

A search of a person, house, building, conveyance, place or other thing may be made without a warrant if:

(1)The search is made incidental to and contemporaneous with a lawful arrest;
(2)The search is made in order to find and seize: a. The fruits of a crime; b. The means by which the crime was committed; c. Weapons and other things to effect an escape from arrest or custody; and d. Evidentiary matter pertaining to the commission of a crime.

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Legislative History

Code 1935, §§ 5343-CC; 48 Del. Laws, c. 303 ; 11 Del. C. 1953, § 2303; 56 Del. Laws, c. 422, § 3

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