Delaware Code

11 Del. C. § 2302 (2026)

Search without warrant in hot pursuit

✓ current as of May 2026
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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. 30311 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 (Del. Super. Ct. 2019). “” “11 Del. C. § 2302. State v. Lewis Foreman #1901014406 State v.”
Garnett v. State (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 (Del. Ct. Com. Pl. 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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