Delaware Statutes

§ 467 — Justification — Use of force in law enforcement

Delaware § 467
JurisdictionDelaware
Title11
PartDelaware Criminal Code
Ch. 4DEFENSES TO CRIMINAL LIABILITY

This text of Delaware § 467 (Justification — Use of force in law enforcement) 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, § 467 (2026).

Text

(a)The use of force upon or toward the person of another is justifiable when:
(1)The defendant is making an arrest or assisting in making an arrest and reasonably believes that such force is immediately necessary to effect the arrest; or
(2)The defendant is attempting to arrest an individual that has taken a hostage, and refused to comply with an order to release the hostage; and a. The defendant reasonably believes that the use of force is necessary to prevent physical harm to any person taken hostage; or b. The defendant has been ordered by an individual the defendant reasonably believes possesses superior authority or knowledge to apply the use of force.
(b)The use of force is not justifiable under this section unless:
(1)The defendant makes known the purpose of the arrest or

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Legislative History

11 Del. C. 1953, § 467; 58 Del. Laws, c. 497, § 1 ; 59 Del. Laws, c. 203, § 6 ; 70 Del. Laws, c. 186, § 1 ; 75 Del. Laws, c. 180, §§ 1, 2 ; 83 Del. Laws, c. 73, § 4

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Bluebook (online)
Delaware § 467, Counsel Stack Legal Research, https://law.counselstack.com/statute/de/11/467.