(a) Issuance of search warrants; contents. — If the judge, justice of the peace or other magistrate finds that the facts recited in the complaint constitute probable cause for the search, that person may direct a warrant to any proper officer or to any other person by name for service. The warrant shall designate the house, place, conveyance or person to be searched, and shall describe the things or persons sought as particularly as possible.
(b) Execution and return with inventory. — The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made forthwith and shall be accompanied by a written inventory of any property taken. The inventory shall be made and signed by the officer executing the warrant in the presence of the person from whose possession or premises the property was taken, if they are present, or if they are not present, in the presence of at least 1 witness. The judge shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
Code 1935,
§§
5343-DD;
48 Del. Laws, c. 303;
11 Del. C. 1953,
§
2307;
49 Del. Laws, c. 220,
§
9;
53 Del. Laws, c. 359,
§
1;
70 Del. Laws, c. 186,
§
1;
73 Del. Laws, c. 314,
§§
1, 2, 3, 4;
Notes of Decisions
Cited in
21
cases (
12 in the last 5 years), 2000–2026 · leading case:
Dorsey v. State, 761 A.2d 807 (Del. 2000).
Dorsey v. State, 761 A.2d 807 (Del. 2000).
“This matter is remanded for further proceedings in accordance with this opinion.”
State v. Rone (Del. Super. Ct. 2018).
· cites it 3× “The requirement that a search warrant be issued upon a finding of probable cause arises from the Fourth Amendment to the United States Constitution; Article 1, Section 6 of the Delaware Constitution; and 11 Del. C. § 2307. In contrast, the requirement for a finding of “probable…”
State of Delaware v. Dartanya Murray (Del. Ct. Com. Pl. 2017).
· cites it 2× “21 Likewise, 11 Del. C. § 2307 states: If the judge, justice of the peace or other magistrate finds that the facts recited in the complaint constitute probable cause for the search, that person may direct a warrant to any proper officer or to any other person by name for service.”
State v. Johnson (Del. Super. Ct. 2019).
· cites it 2× “*® Under 11 Del. C. § 2307, the judge issuing the search warrant may issue a warrant when the facts recited in the application 22 T etter Def.”
State v. Hudson (Del. Super. Ct. 2021).
· cites it 2× “12 Under 11 Del. C. § 2307, the judge issuing the search warrant may issue a warrant when the facts recited in the application constitute probable cause for the search.”
Thomas v. State (Del. 2023).
· cites it 2× “State, considered “for the first time, a challenge to warrants seeking to seize and search computer-based and digital items on the grounds that they are in the nature of a general warrant, unconstitutionally overbroad, and lack sufficient particularity.”
Clark v. State (Del. 2026).
· cites it 2× “59 Echoing Article I, Section 6, 11 Del. C. § 2307(a), provides that a search warrant “shall designate the house, place, conveyance or person to be searched, and shall describe the things or persons sought as particularly as possible.”
State of Delaware v. Isaiah Palmer (Del. Super. Ct. 2016).
“30 11 Del. C. § 2307 (2001) (“If the judge, justice of the peace or other magistrate finds that the facts recited in the complaint constitute probable cause for the search, that person may direct a warrant to any proper officer or to any other person by name for service.”
State v. Friend (Del. Super. Ct. 2016).
“When determining whether probable cause exists, Delaware courts use the totality of the circumstances test established by the United States Supreme Court in Illinois v.”
State v. Friend (Del. Super. Ct. 2016).
“When determining whether probable cause exists, Delaware courts use the totality of the circumstances test established by the United States Supreme Court in Illinois v.”
State v. Riley (Del. Super. Ct. 2019).
“0 See 11 Del C. § 2307(a). State v. Eugene Riley I.”
Gordon v. State (Del. 2021).
“And 11 Del. C. § 2307 authorizes a judge to issue a search warrant, but only “[i]f the judge .”
— 11 Del. C. § 2307(a) — 13 cases
Thomas v. State (Del. 2023).
“State, considered “for the first time, a challenge to warrants seeking to seize and search computer-based and digital items on the grounds that they are in the nature of a general warrant, unconstitutionally overbroad, and lack sufficient particularity.”
Clark v. State (Del. 2026).
“59 Echoing Article I, Section 6, 11 Del. C. § 2307(a), provides that a search warrant “shall designate the house, place, conveyance or person to be searched, and shall describe the things or persons sought as particularly as possible.”
State v. Friend (Del. Super. Ct. 2016).
“When determining whether probable cause exists, Delaware courts use the totality of the circumstances test established by the United States Supreme Court in Illinois v.”
State v. Friend (Del. Super. Ct. 2016).
“When determining whether probable cause exists, Delaware courts use the totality of the circumstances test established by the United States Supreme Court in Illinois v.”
State v. Rone (Del. Super. Ct. 2018).
“The requirement that a search warrant be issued upon a finding of probable cause arises from the Fourth Amendment to the United States Constitution; Article 1, Section 6 of the Delaware Constitution; and 11 Del. C. § 2307. In contrast, the requirement for a finding of “probable…”
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