Delaware Code
11 Del. C. § 2302 (2026)
Search without warrant in hot pursuit
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A search of a person, house, building, conveyance, place or other thing may be made without a warrant if the search is made for a person hotly pursued provided the pursuer has probable cause to believe that such person has committed a felony or a misdemeanor.
Code 1935, §§ 5343-BB; 48 Del. Laws, c. 303; 11 Del. C. 1953, § 2302; 56 Del. Laws, c. 422, § 2;Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1973–2026 · leading case: State v. Wausnock, 303 A.2d 636 (Del. 1973).
State v. Wausnock, 303 A.2d 636 (Del. 1973). “It had the odor to my senses of the smell of cinnamon. It was a sharp cinnamon smell, so that was an indication to me that there was possible marijuana.”
State v. Foreman, No. 1901014406 1901014409 1906014411 (Del. Super. Ct. Aug. 29, 2019). “” “11 Del. C. § 2302. State v. Lewis Foreman #1901014406 State v.”
Garnett v. State, 308 A.3d 625 (Del. 2023). “50 11 Del. C. § 2302 (“A search of a person, house, building, conveyance, place or other thing may be made without a warrant if the search is made for a person hotly pursued provided the pursuer has probable cause to believe that such person has committed a felony or a…”
State of Delaware v. McKenzie S. Beasley, No. 2508011921 (Del. Ct. Com. Pl. June 16, 2026). “§ 2302, “A search of a person, house, building, conveyance, place or other thing may be made without a warrant if the search is made for the person hotly pursued provided the pursuer has probable cause to believe that such person has committed a felony ora misdemeanor.” 11…”
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