Delaware § 2326 Application of subchapter

Delaware Statutes

§ 2326 — Application of subchapter

Delaware § 2326

JurisdictionDelaware

Title11

PartCriminal Procedure Generally

Ch. 23SEARCH AND SEIZURE

Subch.Vehicles

This text of Delaware § 2326 (Application of subchapter) 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, § 2326 (2026).

Text

This subchapter with respect to condemnation and forfeiture does not apply to or against the owner of a vehicle unless the State proves that the owner knowingly used or permitted the vehicle to be used in, or in connection with, the commission of a felony, or knowingly and voluntarily used or permitted the vehicle to be used in, or in connection with, the flight or escape of any person who has committed any such felony or in the transporting of cigarettes in violation of Chapter 53 of Title 30, or in a violation of § 1343 of this title, or in a violation of § 4172 of Title 21 in a manner meeting the criteria set forth in § 4172(g) of Title 21. Nothing in this subchapter may be construed as authorizing the condemnation and forfeiture of the interest of any bona fide mortgagee or lienholder 

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This subchapter with respect to condemnation and forfeiture does not apply to or against the owner of a vehicle unless the State proves that the owner knowingly used or permitted the vehicle to be used in, or in connection with, the commission of a felony, or knowingly and voluntarily used or permitted the vehicle to be used in, or in connection with, the flight or escape of any person who has committed any such felony or in the transporting of cigarettes in violation of Chapter 53 of Title 30, or in a violation of § 1343 of this title, or in a violation of § 4172 of Title 21 in a manner meeting the criteria set forth in § 4172(g) of Title 21. Nothing in this subchapter may be construed as authorizing the condemnation and forfeiture of the interest of any bona fide mortgagee or lienholder with respect to the vehicle unless the State proves that the mortgagee or lienholder knew or had cause to know, at the time its interest accrued, of a contemplated unlawful use of the vehicle.

Legislative History

42 Del. Laws, c. 144, § 5 ; 11 Del. C. 1953, § 2325; 55 Del. Laws, c. 277, § 6 ; 58 Del. Laws, c. 424, § 5 ; 69 Del. Laws, c. 23, § 4 ; 70 Del. Laws, c. 186, § 1 ; 83 Del. Laws, c. 294, § 4 ; 84 Del. Laws, c. 375, § 2