(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.

Terms Used In Delaware Code Title 11 Sec. 5906

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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 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;