reglab/housing_qa huggingface dataset:
11 DE Code § 2303. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter I. General Provisions|§ 2303. Search without warrant incident to arrest.

§ 2303. Search without warrant incident to arrest. 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.Code 1935, §§  5343-CC;  48 Del. Laws, c. 303;  11 Del. C. 1953, §  2303;  56 Del. Laws, c. 422, §  3;
11 DE Code § 2304. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter I. General Provisions|§ 2304. Persons authorized to issue search warrants.

§ 2304. Persons authorized to issue search warrants. Any Judge of the Superior Court, the Court of Common Pleas, or any justice of the peace, or any magistrate authorized to issue warrants in criminal cases may, within the limits of their respective territorial jurisdictions, issue a warrant to search any person, house, building, conveyance, place or other thing for each or any of the items specified in § 2305 of this title. Code 1935, §§  5343-DD;  48 Del. Laws, c. 303;  11 Del. C. 1953, §  2304;  49 Del. Laws, c. 220, §  9;  53 Del. Laws, c. 359, §  1;  56 Del. Laws, c. 422, §  4;  71 Del. Laws, c. 176, §  16;
11 DE Code § 2305. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter I. General Provisions|§ 2305. Objects of search warrant.

§ 2305. Objects of search warrant. A warrant may authorize the search of any person, house, building, conveyance, place or other things for any of the following:  (1) Papers, articles or things of any kind which were instruments of or were used in a criminal offense, the escape therefrom or the concealment of said offense or offenses; (2) Property obtained in the commission of a crime, whether the crime was committed by the owner or occupant of the house, building, place or conveyance to be searched or by another; (3) Papers, articles, or things designed to be used for the commission of a crime and not reasonably calculated to be used for any other purpose; (4) Papers, articles or things the possession of which is unlawful; (5) Papers, articles or things which are of an evidentiary nature pertaining to the commission of a crime or crimes; (6) Persons for whom a warrant of arrest has been issued.Code 1935, §§  5343-DD;  48 Del. Laws, c. 303;  11 Del. C. 1953, §  2305;  53 Del. Laws, c. 359, §  1;  56 Del. Laws, c. 442, §  5;
11 DE Code § 2306. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter I. General Provisions|§ 2306. Application or complaint for search warrant.

§ 2306. Application or complaint for search warrant. The application or complaint for a search warrant shall be in writing, signed by the complainant and verified by oath or affirmation. It shall designate the house, place, conveyance or person to be searched and the owner or occupant thereof (if any), and shall describe the things or persons sought as particularly as may be, and shall substantially allege the cause for which the search is made or the offense committed by or in relation to the persons or things searched for, and shall state that the complainant suspects that such persons or things are concealed in the house, place, conveyance or person designated and shall recite the facts upon which such suspicion is founded. Code 1935, §§  5343-DD;  48 Del. Laws, c. 303;  11 Del. C. 1953, §  2306;  53 Del. Laws, c. 359, §  1;  70 Del. Laws, c. 186, §  1;
11 DE Code § 2307. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter I. General Provisions|§ 2307. Issuance; contents; execution and return of search warrants.

§ 2307. Issuance; contents; execution and return of search warrants. (a) Issuance of search warrants; contents. — If the judge, justice of the peace or other magistrate finds that the facts recited in the complaint constitute probable cause for the search, that person may direct a warrant to any proper officer or to any other person by name for service. The warrant shall designate the house, place, conveyance or person to be searched, and shall describe the things or persons sought as particularly as possible. (b) Execution and return with inventory. — 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. Code 1935, §§  5343-DD;  48 Del. Laws, c. 303;  11 Del. C. 1953, §  2307;  49 Del. Laws, c. 220, §  9;  53 Del. Laws, c. 359, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 314, §§  1, 2, 3, 4;
11 DE Code § 2308. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter I. General Provisions|§ 2308. Search at nighttime.

§ 2308. Search at nighttime. A search warrant shall not authorize the person executing it to search any dwelling house in the nighttime unless the judge, justice of the peace or magistrate is satisfied that it is necessary in order to prevent the escape or removal of the person or thing to be searched for, and then the authority shall be expressly given in the warrant. For purposes of this section the term “nighttime” shall mean the period of time between 10: 00 p.m. and 6: 00 a.m. Code 1935, §§  5343-DD;  48 Del. Laws, c. 303;  11 Del. C. 1953, §  2308;  49 Del. Laws, c. 220, §  9;  63 Del. Laws, c. 308, §  1;
11 DE Code § 2309. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter I. General Provisions|§ 2309. Grounds for seizure of subject matter of search.

§ 2309. Grounds for seizure of subject matter of search. (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. Code 1935, §§  5343-EE;  48 Del. Laws, c. 303;  11 Del. C. 1953, §  2309;  73 Del. Laws, c. 314, §  5;
11 DE Code § 2309A. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter I. General Provisions|§ 2309A. Objects subject to search and seizure.

§ 2309A. Objects subject to search and seizure. (a) When used in this subchapter, the terms “property” and “papers, articles or things” shall, in addition to their ordinary meanings, include any funds placed in a bank or other monetary account. (b) Any papers, articles, things or other property which represent or is traceable to the fruits of a crime or which represent or is traceable to the proceeds obtained, directly or indirectly, as a result of the commission of a crime, shall be subject to search and seizure pursuant to this subchapter. 75 Del. Laws, c. 106, §  1;
11 DE Code § 2321. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter II. Vehicles|§ 2321. Definitions.

§ 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;
11 DE Code § 2322. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter II. Vehicles|§ 2322. Grounds for seizure.

§ 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 violation of Chapter 53 of Title 30, or in a violation of § 1343 of this title, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of such use. 42 Del. Laws, c. 144, §  2;  11 Del. C. 1953, §  2322;  55 Del. Laws, c. 277, §  5;  58 Del. Laws, c. 424, §  4;  69 Del. Laws, c. 23, §  3;
11 DE Code § 2323. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter II. Vehicles|§ 2323. Transportation of controlled substances as grounds for seizure.

§ 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 Chapter 47 of Title 16, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of such use, but:  (1) No vehicle used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the vehicle is a consenting party or privy to a violation of the Controlled Substances Act; (2) No vehicle is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent; (3) A vehicle is not subject to forfeiture for a violation of §§ 4761(a) or (b), 4763, 4764 of Title 16; and (4) A forfeiture of a vehicle encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission.11 Del. C. 1953, §  2322A;  58 Del. Laws, c. 424, §  2;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 13, §  7;
11 DE Code § 2324. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter II. Vehicles|§ 2324. Condemnation proceedings; rule-making power of Superior Court.

§ 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, by libel in the Superior Court for the condemnation and forfeiture of the vehicle to this State. The Superior Court may by rule provide for the practice and procedure under this subchapter, including the giving of notice of the pendency of the libel of condemnation to all parties in interest, and in any event notice by registered United States mail to the last known post-office address of the party in interest, or by publication in a newspaper of general circulation in this State as the Court by rule or order prescribes shall be sufficient. 42 Del. Laws, c. 144, §  3;  11 Del. C. 1953, §  2323;
11 DE Code § 2325. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter II. Vehicles|§ 2325. Disposition of seized vehicles.

§ 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 the vehicle shall be committed to the custody of the Department of Safety and Homeland Security, Division of State Police for its use. If the Department of Safety and Homeland Security, Division of State Police determines that such seized vehicle is not suitable for its purposes, custody will be transferred to the State Treasurer, who may allocate the same to and for the use of any other state bureau, department, agency or officer or may sell the same and deposit the proceeds into the Special Law Enforcement Assistance Fund. 42 Del. Laws, c. 144, §  4;  11 Del. C. 1953, §  2324;  63 Del. Laws, c. 140, §  2;  65 Del. Laws, c. 87, §  172;  74 Del. Laws, c. 110, §  138;
11 DE Code § 2326. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter II. Vehicles|§ 2326. Application of subchapter.

§ 2326. Application of subchapter. This subchapter with respect to condemnation and forfeiture shall not apply to or against the owner of a vehicle who has not knowingly used or permitted the vehicle to be used in, or in connection with, the commission of a felony, or who has not 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. Nothing in this subchapter shall be construed as authorizing the condemnation and forfeiture of the interest of any bona fide mortgagee or lienholder with respect to the vehicle but the burden in all such cases shall be upon such mortgagee or lienholder to show that it did not know or have cause to know, at the time its interest accrued, of a contemplated unlawful use of such vehicle. 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;
11 DE Code § 2404. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 24. Wiretapping, Electronic Surveillance and Interception of Communications|Subchapter I. Electronic Surveillance and Interception of Communications|§ 2404. Admissibility of evidence.

§ 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, department, officer, agency, regulatory body, legislative committee or other authority of this State or a political subdivision thereof if the disclosure of that information would be in violation of this chapter. 72 Del. Laws, c. 232, §  1;
11 DE Code § 2405. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 24. Wiretapping, Electronic Surveillance and Interception of Communications|Subchapter I. Electronic Surveillance and Interception of Communications|§ 2405. Authorities permitted to apply for order authorizing interception.

§ 2405. Authorities permitted to apply for order authorizing interception. The Attorney General, Chief Deputy Attorney General, State Prosecutor or Chief Prosecutor of any county may apply to a judge authorized to receive intercept applications and the judge, in accordance with § 2407 of this title, may grant an order authorizing the interception by investigative or law-enforcement officers of wire, oral or electronic communications when the interception may provide evidence:  (1) Of the commission of the offense of racketeering, murder, kidnapping, human trafficking, gambling, robbery, bribery, extortion, dealing in narcotic drugs or dangerous drugs, dealing in central nervous system depressant or stimulant drugs, dealing in controlled substances or counterfeit controlled substances, prison escape, jury tampering, or stalking; (2) Of the commission of any felony creating a risk of physical injury to a person; (3) Of any conspiracy or solicitation to commit any of the offenses set forth in paragraph (1) or (2) of this section; or (4) Aiding in the apprehension of the perpetrator of any of the offenses set forth in this section. No application or order shall be required if the interception is lawful under the provisions of § 2406(c) of this title. 72 Del. Laws, c. 232, §  1;  79 Del. Laws, c. 276, §  7;
11 DE Code § 2408. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 24. Wiretapping, Electronic Surveillance and Interception of Communications|Subchapter I. Electronic Surveillance and Interception of Communications|§ 2408. Reports to President Judge.

§ 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 report to the President Judge of the Superior Court stating:  (1) That an order, extension or renewal for which application was made; (2) The type of order for which application was made; (3) That the order was granted as applied for, was modified or was denied; (4) The period of the interceptions authorized by the order and the number and duration of any extensions or renewals of the order; (5) The offense specified in the order or extension or renewal of an order; (6) The identity of the person authorizing the application and of the investigative or law-enforcement officer and agency for whom it was made; and (7) The character of the facilities from which or the place where the communications were to be intercepted. (b) Reports by Attorney General. — The Attorney General or Deputy Attorney General specifically designated by the Attorney General shall make and file all reports required by federal law. 72 Del. Laws, c. 232, §  1;
11 DE Code § 2409. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 24. Wiretapping, Electronic Surveillance and Interception of Communications|Subchapter I. Electronic Surveillance and Interception of Communications|§ 2409. Civil liability; defense to civil or criminal action.

§ 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, discloses, uses, or procures any other person to intercept, disclose or use the communications and be entitled to recover from any person:  (1) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (2) Punitive damages; and, (3) A reasonable attorneys' fee and other litigation costs reasonably incurred. (b) Defense. — A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this chapter or under any other law. 72 Del. Laws, c. 232, §  1;
11 DE Code § 2410. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 24. Wiretapping, Electronic Surveillance and Interception of Communications|Subchapter I. Electronic Surveillance and Interception of Communications|§ 2410. Breaking and entering, etc., to place or remove equipment.

§ 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 a court order shall be guilty of a class C felony. 72 Del. Laws, c. 232, §  1;
11 DE Code § 2412. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 24. Wiretapping, Electronic Surveillance and Interception of Communications|Subchapter I. Electronic Surveillance and Interception of Communications|§ 2412. Obstruction, impediment or prevention of interception.

§ 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 electronic communications may not give notice or attempt to give notice of an authorized interception or pending application for authorization for interception to any other person in order to obstruct, impede or prevent such interception. (b) Penalties. — A person who violates the provisions of subsection (a) of this section shall be guilty of a class F felony and be fined not more than $10,000. 72 Del. Laws, c. 232, §  1;
11 DE Code § 2421. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 24. Wiretapping, Electronic Surveillance and Interception of Communications|Subchapter II. Stored Wire and Electronic Communications and Transactional Records Access|§ 2421. Obtaining, altering or preventing authorized access.

§ 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 electronic communications system by:  (1) Intentionally accessing with authorization a facility through which an electronic communication service is provided; or (2) Intentionally exceeding an authorization to access a facility through which an electronic communication service is provided. (b) Penalties. — A person who violates the provisions of subsection (a) of this section is subject to the following penalties:  (1) If the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain:  a. For a first offense, the person shall be guilty of a class B misdemeanor and be fined not more than $250,000; and b. For a second or subsequent offense, the person shall be guilty of a Class A misdemeanor and be fined not more than $250,000. (2) In all other circumstances, the person shall be guilty of a class B misdemeanor and be fined not more than $5,000. (c) Applicability of section. — Subsection (a) of this section does not apply to conduct authorized:  (1) By the person or entity providing a wire or electronic communications service; (2) By a user of a wire or electronic communications service with respect to a communication of or intended for that user; or (3) Under the provisions of this chapter.72 Del. Laws, c. 232, §  1;