Delaware Code Title 11 Sec. 1908 – Release of person arrested without warrant
(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.
Terms Used In Delaware Code Title 11 Sec. 1908
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(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.
Code 1935, §§ ?5343-J; 48 Del. Laws, c. 304; 11 Del. C. 1953, § ?1910; 57 Del. Laws, c. 694, § ?2; 70 Del. Laws, c. 186, § ?1;