Delaware Code

11 Del. C. § 1901 (2026)

Definitions

✓ current as of May 2026

Find cases: SyfertCases citing this section DE-DELCdelcode.delaware.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

As used in this subchapter:

(1) “Arrest” is the taking of a person into custody in order that the person may be forthcoming to answer for the commission of a crime.

(2) “Peace officer” is any public officer authorized by law to make arrests in a criminal case. Sheriffs and sheriff deputies are not authorized by law to make arrests in criminal cases.

Code 1935, §§ 5343-A; 48 Del. Laws, c. 304; 11 Del. C. 1953, § 1901; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 266, § 2;

Notes of Decisions

Cited in 7 cases (4 in the last 5 years), 1968–2025 · leading case: United States v. Moderacki, 280 F. Supp. 633 (D. Del. 1968).

Sort: Relevance Newest Treatment

United States v. Moderacki, 280 F. Supp. 633 (D. Del. 1968). “” 11 Del.C. § 1901. 4 Two questions are presented by the definition just quoted: (1) Are Postal Inspectors "public officials” within the meaning of § 1901? (2) Are Postal Inspectors authorized to make arrests in criminal cases? Research has not disclosed any Delaware case that…”

United States v. Thompson, 292 F. Supp. 757 (D. Del. 1968). ““ ‘Arrest’ is the taking of a person into custody in order that he may be forthcoming to answer for the commission of a crime * * 11 Del.C. § 1901. 4 . Sipes v. United States, 321 F.”

State v. Crawford, 297 A.2d 55 (Del. Super. Ct. 1972). “11 Del.C. § 1901. The “time of his arrest” is the time when he was taken into custody.”

Diggs v. State (Del. 2021). “”54 “A determination of reasonable suspicion must be evaluated in the context of the totality of the circumstances as viewed through the eyes of a reasonable, trained police officer in the same or similar circumstances, combining objective facts with such an officer’s subjective…”

Juliano v. State of Delaware (Del. 2021). “40 11 Del. C. § 1901(1) (emphasis added). 41 Ornelas, 517 U.”

Womack v. State (Del. 2023). “” 11 Del. C. § 1901. 42 Diggs v. State, 257 A.”

Swanson v. State (Del. 2025). “New York, the United States Supreme Court found a detention indistinguishable from a traditional arrest where the suspect “was taken from a neighbor’s home to a police car, transported to a police station, and placed in an interrogation room.”

— 11 Del. C. § 1901(1) — 1 case

Juliano v. State of Delaware (Del. 2021). “40 11 Del. C. § 1901(1) (emphasis added). 41 Ornelas, 517 U.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.