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

11 Del. C. § 2304 (2026)

Persons authorized to issue search warrants

✓ current as of May 2026
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Any Judge of the Superior Court, the Court of Common Pleas, or any justice of the peace, or any magistrate authorized to issue warrants in criminal cases may, within the limits of their respective territorial jurisdictions, issue a warrant to search any person, house, building, conveyance, place or other thing for each or any of the items specified in § 2305 of this title.

Code 1935, §§  5343-DD;  48 Del. Laws, c. 303;  11 Del. C. 1953, §  2304;  49 Del. Laws, c. 220, §  9;  53 Del. Laws, c. 359, §  1;  56 Del. Laws, c. 422, §  4;  71 Del. Laws, c. 176, §  16; 
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2008–2025 · leading case: Walker v. City of Wilmington, 579 F. Supp. 2d 563 (D. Del. 2008).
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Walker v. City of Wilmington, 579 F. Supp. 2d 563 (D. Del. 2008). “1996) (explaining that 11 Del. C. § 2304 provides that justices of the peace may issue warrants within their territorial jurisdictions and that 11 Del.”
Lewis v. State (Del. 2018). · cites it 2× “”23 The warrants here are not facially 23 See 11 Del. C. § 2304: Any Judge of the Superior Court, the Court of Common Pleas, or any justice of the peace, or any magistrate authorized to issue warrants in criminal cases may, within the limits of their respective territorial…”
Metelus v. State (Del. 2018). “26 11 Del. C. § 2304. 27 Lewis v. State, 180 A.”
Lewis v. May (D. Del. 2022). “For instance, both attorneys argued that there was no probable cause to issue the search warrant in the first place. Both attorneys also presented a “statutory” version of Petitioner’s Fourth Amendment argument, namely, that all of the GPS warrants were invalid under 11 Del.”
Walls v. USAA Gen. Indem. Co. (Del. Super. Ct. 2025). “Further, as he now concedes, Plaintiff’s claim under the Unfair Trade Practices Act, 11 Del. C. § 2304(16), fails as a matter of law because that statute does not provide a private right of action.”
— 11 Del. C. § 2304(16) — 1 case
Walls v. USAA Gen. Indem. Co. (Del. Super. Ct. 2025). “Further, as he now concedes, Plaintiff’s claim under the Unfair Trade Practices Act, 11 Del. C. § 2304(16), fails as a matter of law because that statute does not provide a private right of action.”
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