Del. C. » Title 11 — Procedure in Particular Courts · CHAPTER 59. Justices of the Peace · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 5906 (2026)

Examination of law-enforcement officer’s warrant of arrest; form

✓ current as of May 2026
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(a) When complaint is made in due form to a justice of the peace by a law-enforcement officer, alleging that an offense has been committed, the justice shall carefully examine the law-enforcement officer on oath or affirmation and if the justice considers there is probable ground for the accusation, the justice shall issue the law-enforcement officer a warrant.

(b) A warrant of arrest may be in the form prescribed by the Justice of the Peace Court Criminal Rules.

(c) The warrant shall ordinarily be directed to any law-enforcement officer in the county in which the alleged offense was committed, but in case of an emergency the warrant may be directed to any law-enforcement officer in the State.

(d) A copy of the complaint shall be attached to the warrant.

Code 1852, §§  2023-2025;  Code 1915, §  3968;  Code 1935, §  4468;  11 Del. C. 1953, §  5910;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 278, §§  4-6;  83 Del. Laws, c. 481, § 1; 
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Howell v. State, 268 A.3d 754 (Del. 2021).
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Howell v. State, 268 A.3d 754 (Del. 2021). “” 11 Del. C. § 5906(d). 6 Bradbury. The police arrested Caldwell, a development that did not bode well for Howell.”
11 Del. C. § 5906(d): 1 case
Howell v. State, 268 A.3d 754 (Del. 2021). “” 11 Del. C. § 5906(d). 6 Bradbury. The police arrested Caldwell, a development that did not bode well for Howell.”
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