(a) For purposes of this section “police officer” means any police officer holding current certification by the Police Officer Standards and Training Commission as provided by Chapter 84 of this title and who is:
(1) A member of the Delaware State Police;
(2) A member of the New Castle County Police;
(3) A member of the police department, bureau or force of any incorporated city or town;
(4) A member of the Delaware River and Bay Authority Police;
(5) A member of the Capitol Police;
(6) A member of the University of Delaware Police;
(7) A law-enforcement officer of the Department of Natural Resources and Environmental Control;
(8) An agent of the State Division of Alcohol and Tobacco Enforcement;
(9) An officer or agent of the State Police Drug Diversion Unit;
(10) A state detective or special investigator of the Department of Justice;
(11) Delaware State University Police; or
(12) A member of the Office of the State Fire Marshal.
(b) A police officer may arrest without a warrant at any location within the State any person the officer has reasonable grounds to believe is committing or attempting to commit a felony in the officer’s presence.
(c) An on-duty police officer may arrest upon view and without a warrant at any location within the State any person when probable cause exists to believe that the person is committing or attempting to commit any crime which creates a substantial risk of death or serious physical injury to another person or which constitutes a violation of § 4177 of Title 21.
(d) An “on-duty” police officer may arrest at any location in the State any person for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued. The “on-duty” police officer shall, where acting outside of the officer’s jurisdiction, take reasonable measures to notify the primary jurisdictional police agency of the intended time and place of the execution of the arrest warrant.
(e) A police officer may render assistance to another police officer at any location within the State when the officer reasonably believes that the police officer to be assisted is lawfully performing that officer’s duty and that death or injury will occur to that police officer if assistance is not provided.
(f) When police officers who are certified by the Police Officer Standards and Training Commission are dispatched by a Public Safety Answering Point outside of their respective jurisdiction as conservators of the peace, those officers shall be considered to be acting as officers of the dispatching agency and have the powers of arrest thereof.
(g) A police officer acting under the authority of this section shall be considered to be acting within the scope of employment.
(h) This section shall not serve to limit the authority of members of the Delaware State Police or other police officers as provided for elsewhere in this title or by other authority.
(i) “Police officer” as used in this code shall not include sheriffs and sheriff deputies.
64 Del. Laws, c. 101,
§
1;
65 Del. Laws, c. 207,
§
1;
66 Del. Laws, c. 305,
§
1;
67 Del. Laws, c. 220,
§
1;
68 Del. Laws, c. 313,
§
1;
70 Del. Laws, c. 105,
§
13;
70 Del. Laws, c. 186,
§
1;
70 Del. Laws, c. 465,
§
1;
72 Del. Laws, c. 379,
§
2;
73 Del. Laws, c. 195,
§
1;
74 Del. Laws, c. 250,
§
2;
76 Del. Laws, c. 43,
§
1;
76 Del. Laws, c. 160,
§
1;
76 Del. Laws, c. 332,
§
1;
78 Del. Laws, c. 155,
§
3;
78 Del. Laws, c. 266,
§
3;
78 Del. Laws, c. 377,
§
1;
84 Del. Laws, c. 149,
§
5;
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1966–2021 · leading case:
Priest v. State, 227 A.2d 576 (Del. 1967).
Priest v. State, 227 A.2d 576 (Del. 1967).
· cites it 4× “The defendant contends that he is entitled to a new trial because the incriminating statements, admitted in evidence, were obtained from him during police detention violative of Superior Court Rule 5 and 11 Del.C. § 1911. 4 Principal reliance is placed upon Vorhauer v.”
Parson v. State, 222 A.2d 326 (Del. 1966).
“In the Vorhauer case, we held that any detention for more than a twenty-four hour period was unlawful as a violation of 11 Del.C. § 1911, and that, accordingly, a confession obtained as a result of such an illegal detention was inadmissible in evidence.”
State Ex Rel. Buckson v. Wahl, 263 A.2d 297 (Del. 1970).
· cites it 2× “The Statute requires that the judicial process be initiated by bringing the arrested person before a magistrate “without unreasonable delay,” and within 24 hours after arrest, if possible; and the Rules require that, if preliminary hearing is not waived, the magistrate shall…”
United States ex rel. Crawford v. Anderson, 296 F. Supp. 1 (D. Del. 1969).
“This claim of denial of a prompt presentment before a magistrate is controlled in the Delaware courts by 11 Del.C. § 1911 and the cases decided thereunder which reconcile the statute’s permission for a 24 hour delay in presentment with the “without unreasonable delay” language…”
State v. Boone (Del. Super. Ct. 2020).
· cites it 2× “First, although Defendant was arrested while incarcerated, 11 Del. C. §1911(d) permits any police officer to arrest any person at any location in the State for any offense committed within the jurisdiction of the officer’s agency.”
Cantatore v. Univ. of Delaware (Del. Super. Ct. 2021).
“35 See 11 Del. C. § 1911(d) (“An ‘on-duty’ police officer may arrest at any location in the State any person for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued.”
Buford v. Ligon, Jr. (Del. Super. Ct. 2021).
“With respect to control, this Court found that the University did not have control over a non- university affiliated police officer who was executing an arrest because any action by the University to help the officer find the student on campus was more in line with the statutory…”
State of Delaware v. Barbara Tintle (Del. Ct. Com. Pl. 2014).
“" Pursuant to 11 Del. C. § 1911(3), for purposes of § 1911, "[aj member of the Office of the State Fire Marshal" is considered a police ofticer.”
11 Del. C. § 1911(3): 1 case
State of Delaware v. Barbara Tintle (Del. Ct. Com. Pl. 2014).
“" Pursuant to 11 Del. C. § 1911(3), for purposes of § 1911, "[aj member of the Office of the State Fire Marshal" is considered a police ofticer.”
11 Del. C. § 1911(d): 3 cases
State v. Boone (Del. Super. Ct. 2020).
“First, although Defendant was arrested while incarcerated, 11 Del. C. §1911(d) permits any police officer to arrest any person at any location in the State for any offense committed within the jurisdiction of the officer’s agency.”
Cantatore v. Univ. of Delaware (Del. Super. Ct. 2021).
“35 See 11 Del. C. § 1911(d) (“An ‘on-duty’ police officer may arrest at any location in the State any person for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued.”
Buford v. Ligon, Jr. (Del. Super. Ct. 2021).
“With respect to control, this Court found that the University did not have control over a non- university affiliated police officer who was executing an arrest because any action by the University to help the officer find the student on campus was more in line with the statutory…”
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treatment. Dots show Syfertize treatment of the citing case itself.