reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2011. Notice of intent to introduce unrecorded statement.

§ 2011. Notice of intent to introduce unrecorded statement.
If the prosecution intends to introduce in its case in chief a statement made by an individual during a custodial interrogation to which § 2003 of this title applies which was not recorded electronically, the prosecution shall serve the individual with written notice of that intent and of any exception on which the prosecution intends to rely. The prosecution must serve the notice no later than when the statement is provided to the individual as part of discovery.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2012. Procedural remedies.

§ 2012. Procedural remedies.
(a) Unless the court finds that an exception in §§ 2005 through 2009 of this title applies, the court shall consider the failure to record electronically all or part of a custodial interrogation to which § 2003 of this title applies in determining whether a statement made during the interrogation is admissible, including whether it was voluntarily made.
(b) If the court admits into evidence a statement made by an individual during a custodial interrogation that was not recorded electronically in compliance with § 2003 of this title, the court shall afford the individual the opportunity to present to the jury the fact that the statement was not recorded electronically in compliance with § 2003 of this title.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2013. Handling and preserving an electronic recording.

§ 2013. Handling and preserving an electronic recording.
Each law-enforcement agency in this State shall establish and enforce procedures to ensure that the electronic recording of all or part of a custodial interrogation and a report or other document required to be prepared under this subchapter is identified, accessible, and preserved consistent with the law of this State governing the preservation of evidence in criminal and delinquency cases.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2014. Rules relating to electronic recording.

§ 2014. Rules relating to electronic recording.
(a) The Police Officer Standards and Training Commission shall adopt rules to implement this subchapter, which each law-enforcement agency that is a governmental entity of this State shall enforce.
(b) The rules adopted under subsection (a) of this section must address all of the following topics:
(1) How an electronic recording of a custodial interrogation must be made.
(2) The collection and review of electronic recordings, or the absence thereof, by supervisors in each law-enforcement agency.
(3) The assignment of supervisory responsibilities and a chain of command to promote internal accountability.
(4) A process for explaining noncompliance with procedures and imposing administrative sanctions for a failure to comply that is not justified.
(5) A supervisory system expressly imposing on individuals in specific positions a duty to ensure adequate staffing, education, training, and material resources to implement this subchapter.
(6) A process for monitoring the chain of custody of an electronic recording.
(c) The rules adopted under paragraph (b)(1) of this section for video recording must contain standards for the angle, focus, and field of vision of a recording device, other than a body-worn camera, which reasonably promote accurate recording of a custodial interrogation at a place of detention and reliable assessment of its accuracy and completeness. In a place of detention, the recording device must be simultaneously focused on both the law-enforcement officer and the individual subject to the custodial interrogation.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;  84 Del. Laws, c. 149, § 13;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2015. Limitation of liability.

§ 2015. Limitation of liability.
(a) A law-enforcement agency that is a governmental entity in this State which has implemented procedures to enforce the rules adopted under § 2014 of this title and ensure compliance with this subchapter is not subject to civil liability for damages arising from a violation of this subchapter.
(b) This subchapter does not create a right of action against a law-enforcement officer.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2016. No right to electronic recording or transcript.

§ 2016. No right to electronic recording or transcript.
(a) This subchapter does not create a right of an individual to require a custodial interrogation to be recorded electronically.
(b) This subchapter does not require preparation of a transcript of an electronic recording of a custodial interrogation.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2017. Uniformity of application and construction.

§ 2017. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter II. Deceptive Tactics in Interrogations of Persons Under 18 Years of Age › § 2021. Definitions.

§ 2021. Definitions.
As used in this subchapter:
(1) “Custodial interrogation” means as defined in § 2002 of this title.
(2) “Deceptive tactics” means stating evidence presently exists, knowing that it does not, or communicating promises of leniency in sentencing, charging, or pretrial release in order to induce a confession or other incriminating evidence.
(3) “Law-enforcement officer” means as defined in § 2002 of this title.
83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter II. Deceptive Tactics in Interrogations of Persons Under 18 Years of Age › § 2022. Deceptive tactics prohibited.

§ 2022. Deceptive tactics prohibited.
(a) Deceptive tactics in a custodial interrogation of a person under 18 years of age are prohibited.
(b) (1) Except as provided in paragraphs (b)(2) and (b)(3) of this section, a statement of a person, who at the time of the interrogation was under 18 years of age, is inadmissible in any criminal or delinquency court proceeding if it was made during a custodial interrogation in which deceptive tactics were used. An inadmissible statement under this subsection shall have no effect on the admissibility of evidence obtained as a result of the statement if the evidence would have been discovered through independent lawful means or if knowledge of the evidence was acquired through an independent source.
(2) A statement that is otherwise inadmissible under paragraph (b)(1) of this section may be admitted if the State proves by a preponderance of the evidence that the statement is reliable and was not induced by the use of deceptive tactics.
(3) A statement that is otherwise inadmissible under this section may be admitted to impeach the defendant, if the State proves by a preponderance of the evidence that the statement is reliable and not induced by the use of deceptive tactics.
83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES › § 2101. Purposes of this chapter.

§ 2101. Purposes of this chapter.
It is the purpose of this chapter to reform the system governing the release of defendants pending a final determination of guilt of such persons. The various courts of this State are empowered and encouraged to make individualized decisions about terms and conditions of pretrial release. Each court shall utilize a system of pretrial release imposing reasonable nonmonetary conditions of release when those conditions adequately provide a reasonable assurance of the appearance of the defendant at court proceedings, the protection of the community, victims, witnesses and any other person, and to maintain the integrity of the judicial process.
11 Del. C. 1953, §  2101;  56 Del. Laws, c. 231, §  1;  81 Del. Laws, c. 200, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES › § 2102. Definitions.

§ 2102. Definitions.
For purposes of this chapter the following definitions shall apply:
(1) “Attorney General” includes any Deputy Attorney General or any other prosecutor of the State, county or municipality.
(2) “Bail” means the pretrial release of a defendant from custody upon the terms and conditions specified by an order of the court with jurisdiction. Bail may be any of the following:
a. A conditions of release bond.
b. A conditions of release bond not guaranteed by financial terms.
c. A conditions of release bond guaranteed by financial terms.
d. A conditions of release bond guaranteed by financial terms secured by cash only.
(3) “Bailable offense” is any offense not punishable by death.
(4) “Capital crime” means any crime for which the punishment shall be death.
(5) “Conditions of release bond” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute.
(6) “Conditions of release bond guaranteed by financial terms” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute guaranteed by a surety, property, cash or other assets.
(7) “Conditions of release bond guaranteed by financial terms secured by cash” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute guaranteed by cash only.
(8) “Conditions of release bond not guaranteed by financial terms” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute, whereupon failure to appear or comply with conditions, the defendant may be liable for the amount of the bond, but the bond is not guaranteed by any surety or specific pledge of property or other assets.
(9) “Court” means Superior Court, Court of Common Pleas, Family Court, and Justice of the Peace Court.
(10) “Crime” means any offense which is punishable by a fine or imprisonment.
(11) “Pretrial success” means a defendant's compliance with orders to appear in court as directed and not commit any new criminal offense between the initial arrest and adjudication of the pending criminal charges.
(12) “Record finding” is a memorandum, notation, opinion, order or other writing in the file of the case of the accused reflecting the decision made by the court.
(13) “Violent felonies” or “violent felony” shall consist of all felonies designated as violent felonies in § 4201(c) of this title.
11 Del. C. 1953, §  2102;  56 Del. Laws, c. 231, §  1;  66 Del. Laws, c. 300, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 176, §  14;  79 Del. Laws, c. 36, §  1;  81 Del. Laws, c. 200, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES › § 2103. Persons charged with a capital crime.

§ 2103. Persons charged with a capital crime.
(a) A capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after a trial which results in less than a conviction of a capital crime or except as provided in subsection (b) of this section.
(b) The Superior Court may admit to bail a person charged with a capital crime if, after full inquiry, the Superior Court shall determine that there is good ground to doubt the truth of the accusation, and the burden of demonstrating such doubt shall be on the accused.
11 Del. C. 1953, §  2103;  56 Del. Laws, c. 231, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES › § 2105. Release pursuant to a conditions of release bond or conditions of release bond not guaranteed by financial terms.

§ 2105. Release pursuant to a conditions of release bond or conditions of release bond not guaranteed by financial terms.
(a) The court shall release a defendant accused of a bailable crime on a conditions of release bond or a conditions of release bond not guaranteed by financial terms in an amount to be determined by the court when the court is satisfied from all the circumstances and the criteria set forth in subsection (b) of this section that it is reasonably likely that the defendant will appear as required before or after conviction of the crime charged and that there is no substantial risk to the safety of the community in permitting such unsecured release.
(b) In determining whether the defendant is likely to appear as required and that there will be no substantial risk to the safety of the community the court shall, on the basis of available information, take into consideration the nature and circumstances of the crime charged, whether a firearm was used or possessed, the possibility of statutory mandatory imprisonment, whether the crime was committed against a victim with intent to hinder prosecution, the family ties of the defendant, the defendant's employment, financial resources, character and mental condition, the length of residence in the community, record of convictions, habitual offender eligibility, custody status at time of offense, history of amenability to lesser sanctions, history of breach of release, record of appearances at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings.
(c) If the court has determined that the defendant shall not be released in accordance with this section, it shall make a record finding of the reason or reasons for such action and shall permit the release of the defendant upon the furnishing of surety satisfactory to the court in an amount to be determined by the court.
11 Del. C. 1953, §§  2105, 2106;  56 Del. Laws, c. 231, §  1;  63 Del. Laws, c. 215, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 36, §  1;  81 Del. Laws, c. 200, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES › § 2107. Determining the amount of bail [Effective upon fulfillment of the contingency in 83 Del. Laws, c. 72, § 3].

§ 2107. Determining the amount of bail [Effective upon fulfillment of the contingency in 83 Del. Laws, c. 72, § 3].
(a) In determining the amount of bail to be required to be posted as surety under § 2105 of this title or to be required for a conditions of release bond not guaranteed by financial terms, the court shall not require oppressive bail but shall require such bail as reasonably will assure the reappearance of the defendant, compliance with the conditions set forth in the bond, and the safety of the community. In fixing the amount, the court shall also take into consideration the criteria set forth in § 2105(b) of this title.
(b) In any event, if a defendant is charged with an offense punishable by fine only, the amount of the bail shall not exceed double the amount of the maximum fine for each charge. When a defendant has been convicted of an offense and only a fine has been imposed as the sentence of the court, the amount of bail shall not exceed double the amount of the fine.
(c) Notwithstanding any provision of this title to the contrary, for a defendant charged with committing a violent felony involving a firearm or with committing a violent felony while on probation or pretrial release, the presumption is that a conditions of release bond guaranteed by financial terms secured by cash only will be set.
(d)-(g) [Repealed.]
11 Del. C. 1953, §  2107;  56 Del. Laws, c. 231, §  1;  79 Del. Laws, c. 36, §  1;  81 Del. Laws, c. 200, § 1;  83 Del. Laws, c. 72, § 1;  84 Del. Laws, c. 126, § 8;  84 Del. Laws, c. 215, § 1;  83 Del. Laws, c. 72, § 3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES › § 2108. Conditions for release.

§ 2108. Conditions for release.
(a) In addition to the mandatory conditions set forth in § 2104(b) of this title, in connection with any form of bail for a defendant the court may also impose 1 or more of the following conditions:
(1) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant;
(2) Place the defendant under the supervision of a presentence or probation officer;
(3) Place restrictions on the travel, associations, activities, consumption of alcoholic beverages, drugs or barbiturates, or place of abode of the defendant during the period of release;
(4) Require the defendant to have no contact or restricted contact with the victim, the victim's family, victim's residence, place of employment, school or location of offense;
(5) Require periodic reports from the defendant to an appropriate agent or officer of the court including the attorney for the defendant;
(6) Require psychiatric or medical treatment of the defendant;
(7) Require the defendant to provide suitable support for the defendant's family under supervision of an officer of the court or the Family Court, with the consent of the Family Court;
(8) Require a defendant who has been convicted to duly prosecute any post-conviction remedies or appeals; and if the case is affirmed or reversed and remanded, such defendant shall forthwith surrender to the Court;
(9) Impose any other condition deemed reasonably necessary to assure appearance as required and to carry out the purpose of this chapter.
(b) In connection with any form of bail for a defendant charged with any crime involving child sexual abuse or exploitation, the court shall also impose a condition that the defendant have no contact with children, except upon good cause shown, and as otherwise provided by the court, and that such condition remain in full force and effect until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if the defendant is adjudicated guilty by way of a plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge.
(c) In connection with any form of bail for a defendant charged with a violation of § 4177 of Title 21 which is alleged to be punishable as a felony pursuant to that section, the court shall impose a condition that the defendant not drive a vehicle, as defined by that section, until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if the defendant is adjudicated guilty by way of plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge.
11 Del. C. 1953, §  2108;  56 Del. Laws, c. 231, §  1;  66 Del. Laws, c. 300, §§  5, 6;  68 Del. Laws, c. 367, §§  1, 2;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 152, §  1;  79 Del. Laws, c. 36, §  1;  81 Del. Laws, c. 200, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES › § 2109. Failure to provide a conditions of release bond, whether guaranteed by financial terms or not, or consent to conditions; contact with victim or victim's family.

§ 2109. Failure to provide a conditions of release bond, whether guaranteed by financial terms or not, or consent to conditions; contact with victim or victim's family.
(a) If the defendant does not provide the form of conditions of release bond required by the court, or if the defendant does not agree to meet the conditions for release, the defendant shall be held in the custody of the Department of Correction until the defendant cures such failure or until the court otherwise orders.
(b) If the defendant is committed in lieu of bail, the court may require such defendant, while in custody, to have no contact with the victim or the victim's family.
(c) If the defendant is committed in lieu of bail, and knowingly breaches any conditions imposed in connection with that bail, each such failure or breach shall be a separate crime, and upon conviction thereof shall be punished as follows:
(1) If the defendant was held in connection with 1 or more charges of a felony prior to trial, or while awaiting sentence or pending appeal or certiorari after conviction of 1 or more felonies or misdemeanors, the defendant shall be guilty of a felony and punished by imprisonment not to exceed 5 years, or a fine of $5,000, or both;
(2) If the defendant was held in connection with 1 or more charges of misdemeanor prior to trial, the defendant shall be fined not more than $500, or imprisoned not more than 1 year, or both.
11 Del. C. 1953, §  2109;  56 Del. Laws, c. 231, §  1;  66 Del. Laws, c. 300, §  7;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 143;  80 Del. Laws, c. 51, §  1;  81 Del. Laws, c. 200, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES › § 2111. Procedure for pretrial release or implementing this chapter.

§ 2111. Procedure for pretrial release or implementing this chapter.
Except as provided herein, the procedure for pretrial release or implementing this chapter shall be as provided by the Rules of the Superior Court.
11 Del. C. 1953, §  2111;  56 Del. Laws, c. 231, §  1;  79 Del. Laws, c. 36, §  1;  81 Del. Laws, c. 200, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES › § 2112. Bail after transfer to another court or after conviction.

§ 2112. Bail after transfer to another court or after conviction.
Once bail has been given and a charge is pending or is thereafter filed in or transferred to a court of competent jurisdiction, the latter court may continue the original bail in that court. After conviction, the court may order that the original bail stand as bail pending appeal or deny, increase or reduce bail, or modify the conditions of release.
11 Del. C. 1953, §  2112;  56 Del. Laws, c. 231, §  1;  81 Del. Laws, c. 200, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES › § 2113. Penalties for noncompliance with conditions of release bond.

§ 2113. Penalties for noncompliance with conditions of release bond.
(a) If the defendant shall fail to appear as required by the defendant's bail or shall commit any material breach of the conditions set forth in § 2104(b) or § 2108 of this title, the court shall issue a warrant and cause the arrest of such defendant and the cancellation of any bail and the return to the court for a redetermination of the disposition of the defendant.
(b) Upon the return of the defendant before the court pursuant to subsection (a) of this section or if the defendant shall not be found, the court shall act with respect to the forfeiture of any form of guaranteed or not guaranteed conditions of release bond pursuant to the Rules of the Superior Court and shall redetermine the type and amount of bail, and conditions of the further release of the defendant. Notwithstanding any law to the contrary, no property, cash, surety or other assets shall be forfeited except upon failure of the accused to appear as required by any court.
(c) If the defendant knowingly fails to appear as required or knowingly breaches any condition of release, each such failure or breach shall be a separate crime, and upon conviction thereof shall be punished as follows:
(1) If the defendant was released in connection with 1 or more charges of a felony prior to trial, or while awaiting sentence or pending appeal or certiorari after conviction of 1 or more felonies or misdemeanors, the defendant shall be guilty of a felony and punished by imprisonment not to exceed 5 years, or a fine of $5,000, or both;
(2) If the defendant was released in connection with 1 or more charges of misdemeanor prior to trial, the defendant shall be fined not more than $500, or imprisoned not more than 1 year, or both.
(d) The Justice of the Peace Court shall have jurisdiction over violations of this section if punishable as misdemeanors and if the jurisdiction over the underlying offense remains with the Justice of the Peace Court.
(e) Any defendant released pursuant to this chapter shall notify the court, before which the case is pending, of any changes of address or residence within 5 days of such change. Failure to make such notification will result in constructive receipt of any subpoena issued to the defendant by or on behalf of the court to the last address or residence given to the court by that defendant.
(f) Nothing in this chapter shall interfere with or prevent the exercise by any court of its power to punish for contempt.
11 Del. C. 1953, §  2113;  56 Del. Laws, c. 231, §  1;  69 Del. Laws, c. 198, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 172, §  1;  74 Del. Laws, c. 322, §  1;  79 Del. Laws, c. 36, §  1;  81 Del. Laws, c. 200, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES › § 2115. Forfeiture and default of bail bonds.

§ 2115. Forfeiture and default of bail bonds.
(a) If the defendant shall fail to appear as required or be found in breach of a material condition of release imposed by any court, except the House Sergeant of the Wilmington City Police, while under a bond, and the court pursuant to this chapter or court rule finds the defendant in default and forfeits the bond, the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund.
(b) All funds held by the State in any depository derived from forfeiture or default of bonds from any court, except the House Sergeant of the Wilmington City Police, shall immediately be forwarded to the State Treasurer and deposited in the General Fund.
(c) The proceeds of any bond forfeited for the defendant's failure to appear in any child support proceeding shall be paid over to the payee of the child support order and applied to the child support account.
59 Del. Laws, c. 360, §  1;  70 Del. Laws, c. 449, §  3;  71 Del. Laws, c. 176, §  15;  79 Del. Laws, c. 36, §  1;  81 Del. Laws, c. 200, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES › § 2116. Revocation of bail upon subsequent arrest.

§ 2116. Revocation of bail upon subsequent arrest.
(a) For the purposes of this section:
(1) “Original offense” means any violent felony which is alleged to have been committed by a defendant who is thereafter released from custody upon execution of any form of conditions of release bond.
(2) “Subsequent offense” means any violent felony or any similar offense set forth under the laws of another state, the United States or any territory of the United States which is alleged to have been committed by a defendant during the period of that defendant's bail in connection with an original offense.
(b) In connection with any form of bail for a defendant charged with any violent felony, if after release the defendant is charged by arrest, warrant, indictment or information with the commission of a subsequent offense, that defendant shall be brought before the Superior Court. If after a hearing, the Superior Court finds proof positive or presumption great that the defendant has committed a subsequent offense during such period of release, notwithstanding any provision of this chapter or any statute or court rule to the contrary, the Court shall revoke the bail to which the defendant was admitted in connection with the original offense.
(c) Notwithstanding any provision of this chapter or any other statute or court rule to the contrary, whenever the defendant is charged with a subsequent offense, any form of bail relating to the original offense shall be temporarily revoked by any court, including the Justice of the Peace Court, Court of Common Pleas, or Superior Court, before whom the defendant is then appearing, and the defendant shall be held in lieu of bail for the original offense until such time as the Superior Court holds a hearing to determine whether there is proof positive or presumption great that the defendant committed a subsequent offense during the period of release.
(d) Notwithstanding any provision of this chapter or any statute or court rule to the contrary, any defendant whose bail is revoked by the Superior Court pursuant to this section shall be subject to bail on the original offense in an amount at least twice the amount of bail originally set. If the bail on the original offense was not already secured by cash, the amount of bail may be posted only in the form of a conditions of release bond guaranteed by financial terms secured by cash only.
73 Del. Laws, c. 372, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 36, §  1;  79 Del. Laws, c. 244, §  1;  81 Del. Laws, c. 200, § 1;  83 Del. Laws, c. 283, § 12;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 23. SEARCH AND SEIZURE › Subchapter I. General Provisions › § 2301. Search to accord with statute or Constitution.

§ 2301. Search to accord with statute or Constitution.
No person shall search any person, house, building, conveyance, place or other thing without the consent of the owner (or occupant, if any) unless such search is authorized by and made pursuant to statute or the Constitution of the United States.
Code 1935, §§  5343-AA;  48 Del. Laws, c. 303;  11 Del. C. 1953, §  2301;  53 Del. Laws, c. 359, §  1;  56 Del. Laws, c. 422, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 23. SEARCH AND SEIZURE › Subchapter I. General Provisions › § 2302. Search without warrant in hot pursuit.

§ 2302. Search without warrant in hot pursuit.
A search of a person, house, building, conveyance, place or other thing may be made without a warrant if the search is made for a person hotly pursued provided the pursuer has probable cause to believe that such person has committed a felony or a misdemeanor.
Code 1935, §§  5343-BB;  48 Del. Laws, c. 303;  11 Del. C. 1953, §  2302;  56 Del. Laws, c. 422, §  2;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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, or in a violation of § 4172 of Title 21 in a manner meeting the criteria set forth in § 4172(g) of Title 21, 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;  83 Del. Laws, c. 294, § 4;
2023 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;
2023 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;
2023 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;
2023 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, 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 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;  83 Del. Laws, c. 294, § 4;