Delaware Code

11 Del. C. § 1903 (2026)

Searching questioned person for weapon

✓ current as of May 2026

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A peace officer may search for a dangerous weapon any person whom the officer has stopped or detained to question as provided in § 1902 of this title, whenever the officer has reasonable ground to believe that the officer is in danger if the person possesses a dangerous weapon. If the officer finds a weapon, the officer may take and keep it until the completion of the questioning, when the officer shall either return it or arrest the person. The arrest may be for the illegal possession of the weapon.

Code 1935, § 5343C; 48 Del. Laws, c. 304; 11 Del. C. 1953, § 1903; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 1969–2024 · leading case: United States v. Hostetter, 295 F. Supp. 1312 (D. Del. 1969).

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United States v. Hostetter, 295 F. Supp. 1312 (D. Del. 1969). “…peace officer] has reasonable ground to believe that he is in danger if the person possesses a dangerous weapon.” 11 Del.C. § 1903.”

State v. Swanson (Del. Super. Ct. 2024). · cites it 2× “8 Pursuant to 11 Del. C. § 1903, the officer can search the person “whenever the officer has reasonable ground to believe that the officer is in danger if the person possesses a dangerous weapon.”

State v. Diggs (Del. Super. Ct. 2019). “State, if an officer is entitled to make a stop or a detention to question and has reason to believe that the suspect is armed and dangerous, then the officer may conduct a weapons search limited in scope to this protective purpose.”

State v. Stevens (Del. Super. Ct. 2019). “1991); 11 Del. C. § 1903 (authorizing officer to search for “a dangerous weapon any person whom the officer has stopped or detained as provided in § 1902 .”

Diggs v. State (Del. 2021). “86 11 Del. C. § 1903 (“A peace officer may search for a dangerous weapon any person whom the officer has stopped or detained to question as provided in § 1902 of this title, whenever the officer has reasonable ground to believe that the officer is in danger if the person…”

State v. Walker (Del. Super. Ct. 2021). “’”21 In Chandler, this Court held that, based on the totality of circumstances, the officer possessed reasonable, articulable suspicion that the defendant was armed and presently dangerous.22 The Court relied on the defendant’s “extreme nervousness, lack of eye contact,…”

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