Del. C. » Title 11 — Criminal Procedure Generally · CHAPTER 23. Search and Seizure · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 2301 (2026)

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✓ current as of May 2026
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No person shall search any person, house, building, conveyance, place or other thing without the consent of the owner (or occupant, if any) unless such search is authorized by and made pursuant to statute or the Constitution of the United States.

Code 1935, §§  5343-AA;  48 Del. Laws, c. 303;  11 Del. C. 1953, §  2301;  53 Del. Laws, c. 359, §  1;  56 Del. Laws, c. 422, §  1; 
Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1967–2024 · leading case: State v. Bliss, 238 A.2d 848 (Del. 1968).
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State v. Bliss, 238 A.2d 848 (Del. 1968). · cites it 2× “11 Del.C. § 2301. To the extent that his argument is based upon an alleged deprivation of his Miranda rights, it has already been answered.”
Patrick v. State, 227 A.2d 486 (Del. 1967). “*489 The contention is now made that, absent a warrant, the articles were taken in violation of 11 Del.C. §§ 2301 and 2303 1 and of the defendant’s constitutional guaranties against unreasonable search and seizure 2 ; that the admission in evidence of such articles requires…”
Parson v. State, 275 A.2d 777 (Del. 1971). “In any event, we think the case is not persuasive in the matter before us.”
State v. Coursey, 136 A.3d 316 (Del. Super. Ct. 2016). “11 Del. C. § 2301 et seq. 7 . U.S. Const, amend.”
Modesto v. State, 258 A.2d 287 (Del. Super. Ct. 1969). “A constitutional search is valid under the amended Delaware statute, 11 Del.C. § 2301. This being so, it is apparent that the pistol was discovered in the process of legitimate po *289 lice action and is admissible into evidence.”
State v. Passerin, 449 A.2d 192 (Del. 1982). “Certainly, the State does not tell us how this investigation would have been prejudiced in any way if the agents of the State Fire Marshal had followed the law established by the General Assembly for obtaining a search warrant (11 Del.C. §§ 2301, et seq.), and thereafter…”
State v. Young (Del. Super. Ct. 2024). · cites it 3× “Young argues, in 11 Del. C. § 2301, the legislature expressly stated that “[n]o person shall search any person, house, building, conveyance, place or other thing ….”
State v. Harris (Del. Super. Ct. 2016). “11 Del. C. § 2301 et seq. 6 U.S. Const. amend.”
State v. Lovett (Del. Super. Ct. 2020). “1999)); see also 11 Del. C. § 2301. 4 445 U.S. at 577 . 1S Ig 16 I \7 Td.”
Garnett v. State (Del. 2023). “2002) (“If we were to uphold the denial of the motion to suppress in this case, the police could decide to enter a home without a warrant, and without both probable cause and exigent circumstances, in order to ‘secure’ the evidence, whenever they believe they have probable cause…”
State v. Ortiz-Bedolla (Del. Super. Ct. 2024). “20 "An affidavit in support of a search warrant must, within the four corners of the affidavit, set forth facts adequate for a judicial officer to form a reasonable belief that an offense has been committed and the property to be seized will be found in a particular place."21 In…”
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