Delaware General Assembly

CHAPTER 359

AN ACT TO AMEND TITLE 11, DELAWARE CODE, CHAPTER 23, RELATING TO SEARCH AND SEIZURE.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House concurring therein):

Section 1. Title 11, Delaware Code, Sections 2301, 2304, 2305, 2306 and 2307 are hereby amended by striking out the words "house and place" wherever they appear in said Sections, and substituting in lieu thereof the words "house, place, conveyance or person".

Section 2. Chapter 23, Title 11, Delaware Code, is hereby amended by adding thereto a new Section 2310 to read:

§ 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

STATE OF DELAWARE

SS.

____________ COUNTY

Be it remembered that on this ________ day of _______, A. D. 19___, 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 he (or they) 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)) of which 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 night time, set forth briefly the facts which show that the night time 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. 19____.

________________________

(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 night time is not authorized.

IN THE (NAME OF COURT)

STATE OF DELAWARE

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 ten 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 night time 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, prepare a written inventory of the property seized, and to return the property and this warrant to me forthwith with the written inventory and the person or persons in whose custody or possession the property was found to be dealt with according to law.

DATED the ____________ day of __________ A. D. 19____ .

______________________

(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 night time is authorized:

IN THE (NAME OF COURT)

STATE OF DELAWARE

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 night time 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 forthwith 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 night time and, if the property, papers, articles, or things, or any part thereof, be found there, to seize it, prepare a written inventory of the property seized and to return the property and this warrant to me forthwith with the written inventory and the person or persons in whose custody or possession the property was found to be dealt with according to law.

DATED the _______________ day of _________, A. D. 19___ .

__________________________

(Judge or Justice of Peace—

Designate name, title, and court)

Approved April 26, 1962.