Title 11, Crimes and Criminal Procedure

§ 2311. Disposition of property validly seized. (a) The following disposition shall be made of any of the following papers, articles, or things validly seized: (1) If the papers, articles, or things were obtained as the result of the commission of a crime, they shall be returned …

§ 2312. Reverse-keyword searches prohibited. (a) For purposes of this section: (1) “Class A violent felony” means those felonies designated as class A that appear in § 4201(c) of this title. (2) “Data” means a digital representation of information, whether such data is stored in …

§ 2313. Notice and enforcement. (a) A person whose name or other identifying information was obtained by a government entity in violation of § 2312 of this title must be notified of the violation, in writing, by the government entity who committed the violation and of the legal r…

§ 2321. Definitions. As used in this subchapter: “Vehicle” includes all motor-propelled vehicles, wagons, carts, carriages, bicycles, vessels and aircraft.42 Del. Laws, c. 144, § 1; 11 Del. C. 1953, § 2321; 58 Del. Laws, c. 424, § 3;

§ 2322. Grounds for seizure. Whenever any vehicle, as defined in this subchapter, has been used in, or in connection with, the commission of any felony or in connection with the flight or escape of any person who has committed any felony or in the transporting of cigarettes in vi…

§ 2323. Transportation of controlled substances as grounds for seizure. Whenever any vehicle, as defined in this subchapter, is used or intended for use to transport or in any manner to facilitate the transportation of any controlled substance in violation of subchapter IV of Cha…

§ 2324. Condemnation proceedings; rule-making power of Superior Court. The vehicle seized under this subchapter shall be proceeded against by the Attorney General on behalf of this State in accordance with the procedure set forth in subchapter VI of Chapter 47 of Title 16.42 Del.…

§ 2325. Disposition of seized vehicles. Upon the judgment of the Superior Court, the vehicle so seized and all of the rights, title and interest therein, or any right, title or interest in and to any such motor vehicle, as the Court determines, shall be forfeited to the State and…

§ 2326. Application of subchapter. 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 o…

§ 2401. Definitions. When used in this chapter: (1) “Aggrieved person” means a person who was a party to any intercepted wire, oral or electronic communication or a person against whom the interception was directed. (2) “Aural transfer” means a transfer containing the human voice…

§ 2402. Interception of communications generally; divulging contents of communications, violations of chapter. (a) Prohibited acts. — Except as specifically provided in this chapter or elsewhere in this Code no person shall: (1) Intentionally intercept, endeavor to intercept, or …

§ 2403. Manufacture, possession or sale of intercepting device. (a) Prohibited acts. — Except as otherwise specifically provided by this chapter, any person who manufactures, assembles, possesses or sells any electronic, mechanical or other device knowing or having reason to know…

§ 2404. Admissibility of evidence. Whenever any wire or oral communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in any trial, hearing or other proceeding in or before any court, grand jury…

§ 2405. Authorities permitted to apply for order authorizing interception. The Attorney General, Chief Deputy Attorney General, Director of the Division of Civil Rights and Public Trust, Director of the Family Division, Director of the Fraud and Consumer Protection Division, Stat…

§ 2406. Lawful disclosure or use of contents of communication. (a) Disclosure by investigative or law-enforcement officer. — Any investigative or law-enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral or elec…

§ 2407. Ex parte order authorizing interception. (a) Application. — Any application for an order authorizing the interception of a wire, oral or electronic communication shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the app…

§ 2408. Reports to President Judge. (a) Report by Judge. — Within 30 days after the expiration of an order or an extension or renewal thereof entered under this chapter or the denial of an order confirming verbal approval of interception, the issuing or denying Judge shall make a…

§ 2409. Civil liability; defense to civil or criminal action. (a) Civil liability. — Any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this chapter shall have a civil cause of action against any person who intercepts, disclo…

§ 2410. Breaking and entering, etc., to place or remove equipment. Any person who breaks and enters, enters under false pretenses, or trespasses upon any premises with the intent to place, adjust or remove wiretapping or electronic surveillance or eavesdropping equipment without …

§ 2411. Hostage and barricade situations. (a) The Superintendent of the Delaware State Police or the commander of the law-enforcement agency of any political subdivision of this State may designate 1 or more law-enforcement officers as hostage and barricade communications special…

§ 2412. Obstruction, impediment or prevention of interception. (a) Giving notice of interception. — A person who has knowledge that an investigative or law-enforcement officer has been authorized or has applied for authorization under this chapter to intercept wire, oral or elect…

§ 2421. Obtaining, altering or preventing authorized access. (a) General provisions. — Except as provided in subsection (c) of this section, a person may not obtain, alter or prevent authorized access to a wire or electronic communication while it is in electronic storage in an e…

§ 2422. Divulging contents of communications generally. (a) Prohibited acts. — (1) Except as provided in subsection (b) of this section, a person or entity providing an electronic communications service to the public may not knowingly divulge to any other person or entity the con…

§ 2423. Disclosure of information. (a) Disclosure of contents of communications to investigative or law-enforcement officers by electronic communication service or remote computing service. — (1) An investigative or law-enforcement officer may require a provider of electronic com…

§ 2424. Backup copies of communications. (a) Required by subpoena or court order; creation; notice to subscriber; destruction. — (1) A subpoena or court order issued under § 2423 of this title may include a requirement that the service provider to whom the request is directed cre…

§ 2425. Delay in giving notices. (a) Definitions. — When used in this section: (1) “Adverse result” means: a. Endangering the life or physical safety of an individual; b. Flight from prosecution; c. Destruction of or tampering with evidence; d. Intimidation of potential witnesses…

§ 2426. Reimbursement of costs. (a) General provision. — Except as otherwise provided in subsection (c) of this section, an investigative or law-enforcement officer obtaining the contents of communications, records or other information under § 2422, § 2423 or § 2424 of this title…

§ 2427. Civil actions. (a) Right to relief. — Except as provided in subsection (e) of this section, a provider of electronic communication service, a subscriber or customer aggrieved by a knowing or intentional violation of §§ 2421-2425 of this title may recover appropriate relie…

§ 2430. Definition of “court of competent jurisdiction”. When used in § 2431, § 2432, § 2433 or § 2434, “court of competent jurisdiction” means the Superior Court of this State.72 Del. Laws, c. 232, § 1;

§ 2431. Installation and use generally. (a) Court order required. — Except as provided in subsection (b) of this section, a person may not install or use a pen register or a trap and trace device without first obtaining a court order under § 2433 of this title. (b) Exceptions. — …

§ 2432. Application for order to install and use. (a) General provisions. — An investigative or law-enforcement officer may make application for an order or an extension of an order under § 2433 of this title authorizing or approving the installation and use of a pen register or …

§ 2433. Order authorizing installation and use. (a) General provisions. — Upon an application made under § 2432 of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the …

§ 2434. Assistance to investigative or law-enforcement officer or agency. (a) Installation and use. — Upon the request of an investigative or law-enforcement officer authorized to install and use a pen register under this chapter, a provider of wire or electronic communication se…

§ 2501. Definitions. As used in this subchapter, unless the context indicates a different intent: (1) “Executive authority” includes the governor and any person performing the functions of governor in a state other than this State. (2) “Governor” includes any person performing th…

§ 2502. Fugitives from justice; duty of Governor. Subject to this subchapter, the provisions of the Constitution of the United States and any and all acts of Congress enacted in pursuance thereof, the Governor of this State shall have arrested and delivered up to the executive au…

§ 2503. Form of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under § 2506 of this title, that the accused was present in the demanding state at the tim…

§ 2504. Investigation by Governor. When a demand is made upon the Governor of this State by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this State to in…

§ 2505. Persons imprisoned or awaiting trial; involuntary departure. (a) When it is desired to have returned to this State a person charged in this State with a crime, and such person is imprisoned or is held under criminal proceedings then pending in another state, the Governor …

§ 2506. Persons absent at time of commission of crime. The Governor of this State may surrender, on demand of the executive authority of any other state, any person in this State charged in such other state in the manner provided in § 2503 of this title with committing an act in …

§ 2507. Governor’s warrant of arrest; issuance. If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom the Governor thinks f…

§ 2508. Contents of warrant. Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within the State and to command the aid of all peace officers or other persons in the execut…

§ 2509. Authority of arresting officer to command assistance [Repealed].41 Del. Laws, c. 213, § 9; 11 Del. C. 1953, § 2509; repealed by 85 Del. Laws, c. 72, § 1, effective July 14, 2025.;

§ 2510. Rights of accused; habeas corpus. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person unless the person is first taken forthwith before a judge of a court of record…

§ 2511. Denial of rights of accused; penalty. Whoever, being an officer, delivers to the agent for extradition of the demanding state a person in the officer’s custody under the Governor’s warrant, in wilful disobedience of § 2510 of this title, shall be fined not more than $1,00…

§ 2512. Confinement in jail. (a) The officer or persons executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner has been delivered, may, when necessary, confine the prisoner in the jail of any county, town or city through which the off…

§ 2513. Arrest prior to requisition. Whenever any person within this State shall be charged on the oath of any credible person before any judge or justice of the peace of this State with the commission of any crime in any other state and, except in cases arising under § 2506 of t…