(a) Any military forces, or organization, unit or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or any enemy forces may continue such pursuit into this State until the military or police forces of this State or the forces of the United States have had reasonable opportunity to take up pursuit or to apprehend or capture such persons.

Terms Used In Delaware Code Title 20 Sec. 306

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302

(b) Such military forces, or organization, unit or detachment thereof, may arrest or capture such persons within this State while in fresh pursuit.

(c) Any such person who is captured or arrested by the military forces of such other state while in this State shall without unnecessary delay be surrendered to the military or police forces of this State to be dealt with according to law.

(d) This section shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful and nothing contained in this section shall be deemed to repeal any of the provisions of the Uniform Law on Fresh Pursuit, as contained in Title 11 [§ 1934 et seq. of Title 11].

43 Del. Laws, c. 81, § ?6; 20 Del. C. 1953, § ?307; 64 Del. Laws, c. 258, § ?1;