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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) Any Fish and Wildlife Agent or police officer of this State authorized to make arrests for violations of this title and regulations promulgated thereunder is further authorized to arrest a person without a warrant at the scene of a boating accident upon reasonable and probable cause to believe, based upon personal investigation which may include information obtained from eye witnesses, that a violation has been committed by any person then and there present.
(b) An arrest without a warrant is further authorized under this subsection:
(1) Whenever a subject voluntarily leaves the scene of the accident; and
(2) Whenever a suspect is removed from the scene of the accident for the purpose of receiving medical attention in which case the medical facility shall be considered as an extension of the scene of the accident.
(c) When a suspect has been initially detained by an active duty member of the United States Coast Guard, an arrest of that suspect without a warrant is authorized under this section, when based upon reasonable and probable cause, which shall include information obtained from the said active duty member of the United States Coast Guard, that the suspect had been operating a vessel while under the influence of alcohol or drugs in violation of this title.
Cite this article: FindLaw.com - Delaware Code Title 23. Navigation and Waters § 2126. Arrest without warrants - last updated January 01, 2026 | https://codes.findlaw.com/de/title-23-navigation-and-waters/de-code-sect-23-2126/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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