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

11 Del. C. § 2306 (2026)

Application or complaint for search warrant

✓ current as of May 2026
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The application or complaint for a search warrant shall be in writing, signed by the complainant and verified by oath or affirmation. It shall designate the house, place, conveyance or person to be searched and the owner or occupant thereof (if any), and shall describe the things or persons sought as particularly as may be, and shall substantially allege the cause for which the search is made or the offense committed by or in relation to the persons or things searched for, and shall state that the complainant suspects that such persons or things are concealed in the house, place, conveyance or person designated and shall recite the facts upon which such suspicion is founded.

Code 1935, §§  5343-DD;  48 Del. Laws, c. 303;  11 Del. C. 1953, §  2306;  53 Del. Laws, c. 359, §  1;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 42 cases (21 in the last 5 years), 1974–2026 · leading case: Henry v. State, 373 A.2d 575 (Del. 1977).
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Henry v. State, 373 A.2d 575 (Del. 1977). · cites it 2× “Assuming that information thirty days old is not prime facie stale, the argument ignores the clear import of 11 Del.C. §§ 2306, 2307 and the pragmatic impossibility of judicial review of a magistrate’s ‘own knowledge.”
Pierson v. State, 338 A.2d 571 (Del. 1975). · cites it 2× “Assuming that information thirty days old is not prime facie stale, the argument ignores the clear import of 11 Del.C. §§ 2306, 2307 and the pragmatic impossibility of judicial review of a magistrate’s “own knowledge.”
Edwards v. State, 320 A.2d 701 (Del. 1974). “” 11 Del.C. § 2306. In testing for these requirements the affidavit must be considered as a whole, and not in an isolated seriatim fashion.”
State of Delaware v. Lambert. (Del. Super. Ct. 2015). · cites it 7× “In Defendant’s supplemental submission after the hearing, the Defendant also contended that the application for the warrant did not meet the requirements of 11 Del. C. § 2306, thereby making the warrant statutorily insufficient.”
State of Delaware v. Scott J. Kuhlman (Del. Super. Ct. 2016). · cites it 3× “1 After carefully considering the testimony and arguments presented at the suppression hearing, the Court finds that the police followed the appropriate procedure for obtaining a warrant to have Defendant’s blood drawn.”
State v. Johnson (Del. Super. Ct. 2019). · cites it 3× “Under 11 Del. C. § 2306, the application for a search warrant must allege the cause for which the search is made and must recite the facts upon which such suspicion is founded.”
State v. Hudson (Del. Super. Ct. 2021). · cites it 3× “Under 11 Del. C. § 2306, the application for a search warrant must allege the cause for which the search is made and must recite the facts upon which such suspicion is founded.”
State v. Tucker (Del. Super. Ct. 2026). · cites it 3× “4 weapons and ammunition violated Tucker’s rights under Article I, Section 6 of the Delaware Constitution and 11 Del. C. § 2306, and, therefore those items must be suppressed.”
State of Delaware v. Isaiah Palmer (Del. Super. Ct. 2016). · cites it 2× “It shall designate the house, place, conveyance or person to be searched and the owner or occupant thereof (if any), and shall describe the things or persons sought as particularly as may be, and shall substantially allege the cause for which the search is made or the offense…”
Lambert v. State (Del. 2016). · cites it 2× “It shall designate the house, place, conveyance or person to be searched and the owner or occupant thereof (if any), and shall describe the things or persons sought as particularly as may be, and shall substantially allege the cause for which the search is made or the offense…”
State of Delaware v. Dartanya Murray (Del. Ct. Com. Pl. 2017). · cites it 2× “20 11 Del. C. § 2306 states: The application or complaint for a search warrant shall be in writing, signed by the complainant and verified by oath or affirmation.”
Gordon v. State (Del. 2021). · cites it 2× “”79 That section also mandates, among other things, that “the house, place, conveyance or person to be searched”80 be described in the application with particularity, and that “the cause for which the search is made”81 be substantially alleged.”
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