Delaware Code

11 Del. C. § 2303 (2026)

Search without warrant incident to arrest

✓ 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:

(1) The search is made incidental to and contemporaneous with a lawful arrest;

(2) The search is made in order to find and seize:

a. The fruits of a crime;

b. The means by which the crime was committed;

c. Weapons and other things to effect an escape from arrest or custody; and

d. Evidentiary matter pertaining to the commission of a crime.

Code 1935, §§ 5343-CC; 48 Del. Laws, c. 303; 11 Del. C. 1953, § 2303; 56 Del. Laws, c. 422, § 3;

Notes of Decisions

Cited in 4 cases, 1969–1973 · leading case: Lewis v. State, 305 A.2d 617 (Del. 1973).

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Lewis v. State, 305 A.2d 617 (Del. 1973). “Compare 11 Del.C. § 2303. At 2:20 a. m., a Pennsylvania police officer cruising at the Delaware-Pennsyl *618 vania boundary, heard a police radio alarm of an armed robbery committed at 2:15 a.”

Handy v. State, 268 A.2d 865 (Del. 1970). “* 11 Del.C. § 2303 provides as follows: “§ 2303.”

Bell v. State, 281 A.2d 151 (Del. 1971). “…(the suspects) in New Jersey. That was not my purpose in being there. I happened to see them incidentally.” 2 . See 11 Del.C. § 2303.”

Brown v. State, 260 A.2d 704 (Del. 1969). “11 Del.C. § 2303 (cited by appellants) has no bearing on the case.”

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