Delaware § 2309 Grounds for seizure of subject matter of search

Delaware Statutes

§ 2309 — Grounds for seizure of subject matter of search

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

(a)Any papers, articles or things which are the subject matter of a search warrant may be seized:

(1)By any peace officer without a search warrant where such paper, article or thing is in plain view without the necessity of a search.

(2)Where such paper, article or thing is discovered pursuant to a valid search, with or without a search warrant, whether or not such paper, article or thing is an object of the search or is described in the search warrant.

(b)The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made forthwith and shall be accompanied by

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(a) Any papers, articles or things which are the subject matter of a search warrant may be seized:

(1) By any peace officer without a search warrant where such paper, article or thing is in plain view without the necessity of a search.

(2) Where such paper, article or thing is discovered pursuant to a valid search, with or without a search warrant, whether or not such paper, article or thing is an object of the search or is described in the search warrant.

(b) The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made forthwith and shall be accompanied by a written inventory of any property taken. The inventory shall be made and signed by the officer executing the warrant in the presence of the person from whose possession or premises the property was taken, if they are present, or, if they are not present, in the presence of at least 1 witness. The judge shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

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