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Code · Delaware · Title 11 — Crimes and Criminal Procedure · Chapter 19. Arrest and Commitment; Fresh Pursuit · Subchapter I. Arrest and Commitment

§ 1908. Release of person arrested without warrant.

139 words·~1 min read·/de/title-11/chapter-19-arrest-and-commitment-fresh-pursuit/subchapter-i-arrest-and-commitment/1908·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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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