11 DE Code § 2310. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 23. Search and Seizure|Subchapter I. General Provisions|§ 2310. Short form of affidavit, application and search warrant.

§ 2310. Short form of affidavit, application and search warrant. (a) The following shall be sufficient form of affidavit and application for search warrant:  ________________ IN THE (NAME OF COURT) ________________  STATE OF DELAWARE IN THE MATTER OF:  ________________AFFIDAVIT AND AP- (NAME OF PERSONS, HOUSE, ________________ PLICATION FOR  PLACE OR THING TO BE ________________ SEARCH   SEARCHED) STATE OF DELAWARE  ________________________________ COUNTY________________ SS. Be it remembered that on this ________________ day of .________________, A.D. 20 ________, before me (name of judge or justice of peace and designation of court), personally appeared (name and rank of affiant and designation of police department of which affiant is a member), who being by me duly sworn (or affirmed) deposes (or depose) and says (or say):  That the affiant (or affiants) has (or have) reason to believe and does (or do) believe that in the (house, place, conveyance or person known as ________________ designate and describe briefly,) the owner(s) (or occupant(s)) is (are) (name and owner or owners, occupant or occupants) there has been and/or there is now located and/or concealed certain property in said house, place, conveyance and/or on the person or persons of the occupants thereof, consisting of property, papers, articles or things which are the instruments of a criminal offense, and/or obtained in the commission of a crime, and/or designated to be used in the commission of a crime, and not reasonably calculated to be used for any other purpose and/or the possession of which is unlawful and, in particular, (describe the property or person expected to be found) which said property, papers, articles or things were, are, or will be possessed and/or used in violation of Title 11, Chapter ________________, Section ________________, Delaware Code, in that (designate offense by name and brief statement of its commission). And that the facts tending to establish probable cause for believing that the foregoing grounds for the application exist are as follows: (State briefly only. Also, if authority is sought to search a dwelling house in the nighttime, set forth briefly the facts which show that the nighttime search is necessary to prevent the escape or removal of the person or thing to be searched for.) WHEREFORE, this (these) affiant(s) prays (or pray) that a search warrant may be issued authorizing a search of the aforesaid (house, place, conveyance, person or persons, or occupant or occupants) in the manner provided by law. ________________________________  Affiant ________________________________  Affiant  ________________  SWORN to (or affirmed) and subscribed before me this ________________ day of ________________, A.D. 20________ ________________________________________________________________     (Judge or Justice of Peace -   Designate name, title and court) ________________  (b) The following shall be a sufficient form of search warrant where search of a dwelling house in the nighttime is not authorized:  ________________  IN THE (NAME OF COURT)  ________________  STATE OF DELAWARE  IN THE MATTER OF: ________________ (NAME OF PERSON, HOUSE, ________________ SEARCH WARRANT PLACE OR THING TO BE SEARCHED)  THE STATE OF DELAWARE TO: (Name and rank of person or persons directed to make search and designation of police department of which such persons are members) with the assistance of any police officer or constable or any other necessary or proper person or persons or assistance. GREETINGS:  Upon the annexed affidavit and application or complaint for a search warrant, as I am satisfied that there is probable cause to believe that certain property, namely (describe the property) used or intended to be used for ________________, is being concealed on the (premises) (person) described in the annexed affidavit and application or complaint; NOW THEREFORE, YOU ARE HEREBY COMMANDED within 10 days of the date hereof to search the above-named person, persons, house, conveyance or place for the property specified in the annexed affidavit and application, and to search any occupant or occupants found in the house, place, or conveyance above named for such property, serving this warrant and making the search in the daytime, or in the nighttime if the property to be searched is not a dwelling house, and, if the property, papers, articles or things, or any part thereof, be found there, to seize it, giving 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 leaving the copy and receipt at the place from which the property was taken, and to prepare a signed inventory of the goods seized 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, and to return this warrant, accompanied by the written inventory, to me forthwith. DATED the ________________ day of ________________, A.D. 20________ ________________________________________________________________     (Judge or Justice of Peace -    Designate name, title and court)  ________________  (c) The following shall be sufficient form of search warrant where search of a dwelling house in the nighttime is authorized:  ________________  IN THE (NAME OF COURT)  ________________  STATE OF DELAWARE  IN THE MATTER OF: ________________  (NAME OF PERSON, HOUSE, ________________ SEARCH WARRANT  PLACE OR THING TO BE  SEARCHED)  THE STATE OF DELAWARE TO: (Name and rank of person or persons directed to make search and designation of police department of which such persons are members) with the assistance of any police officer or constable or any other necessary or proper person or persons or assistance.  GREETINGS:  Upon the annexed affidavit and application or complaint for a search warrant, as I am satisfied that there is probable cause to believe that certain property, namely (describe the property) used or intended to be used for  ________________  ________________,  is being concealed on the (premises) (person) described in the annexed affidavit and application or complaint; and that search of the premises in the nighttime is necessary in order to prevent the escape or removal of the person or thing to be searched for; NOW THEREFORE, YOU ARE HEREBY COMMANDED within 3 days of the date hereof to search the above-named person, persons, house, place or conveyance for the property specified in the annexed affidavit and application, and to search any occupant or occupants found in the house, place or conveyance above named for such property serving this warrant and making the search in the daytime, or in the nighttime and, if the property, papers, articles or things, or any part thereof, be found there, to seize it, giving 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 leaving the copy and receipt at the place from which the property was taken, and to prepare a signed inventory of the goods seized 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, and to return this warrant, accompanied by the written inventory, to me forthwith. DATED the ________________ day of ________________,  A.D. 20________  ________________________________________________________________     (Judge or Justice of Peace -    Designate name, title and court)  ________________ 11 Del. C. 1953, §  2310;  53 Del. Laws, c. 359, §  2;  57 Del. Laws, c. 428;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 314, §§  6, 7;