Delaware Code

11 Del. C. § 1905 (2026)

Validity of arrest on improper grounds

✓ current as of May 2026

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If a lawful cause of arrest exists, the arrest is lawful even though the officer charges the wrong offense or gives a reason that does not justify the arrest.

Code 1935, §§ 5343-G; 48 Del. Laws, c. 304; 11 Del. C. 1953, § 1907;

Notes of Decisions

Cited in 1 case, 1972–1972 · leading case: Claire v. State, 294 A.2d 836 (Del. 1972).

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Claire v. State, 294 A.2d 836 (Del. 1972). · cites it 3× “An information was filed charging him with resisting arrest in violation of 11 Del.C. § 1905. He demanded a jury trial and the case was transferred to the Superior Court pursuant to 11 Del.”

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