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Delaware Code Title 11. Crimes and Criminal Procedure § 1908. Release of person arrested without warrant

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) Any officer in charge of a police department or any officer delegated by the officer may release, instead of taking before a magistrate, any person who has been arrested without a warrant by an officer of that department whenever:

(1) The officer is satisfied either that there is no ground for making a criminal complaint against the person and no further proceedings are desirable; or

(2) The person was arrested for a misdemeanor and has signed an agreement to appear in court at a time designated, if the officer is satisfied that the person is a resident of the State and will appear in court at the time designated.

(b) A person released as provided in this section shall have no right to sue on the ground that the person was released without being brought before a magistrate.

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Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 1908. Release of person arrested without warrant - last updated January 01, 2022 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-1908/

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