Delaware Warrant Search

Almost anyone, whether a Delaware resident or someone planning to visit or move to the First State, can perform a warrant search. Local law enforcement agencies such as the Sussex Sheriff's Office, Wilmington Police Department, or the Kent County Sheriff's Office often maintain warrants within their jurisdiction. Searches may also involve contacting the custodians of the information sought, such as the Delaware state courts, the State Police Department, or the Delaware Criminal Justice Information System (DELJIS). 

Delaware Criminal Justice Information System,
800 Silver Lake Blvd,
Suite 101,
Dover, Delaware 19904,
(302) 739-4856,
(302) 739-6285 (fax)

Note: A warrant is an order (aka writ) issued by a judge, justice of the peace, or magistrate authorizing a peace officer to arrest or search a person or premises. Warrants are necessary to protect an individual's constitutional right against unreasonable searches and undue invasion of privacy. 

Are Warrants Public Records in Delaware?

Yes. Delaware warrants are publicly available records per the Delaware Freedom of Information Act (Del. Code 29 § 10001). The Delaware FOIA emphasizes the need for citizens to have easy access to public records to encourage democracy, accountability, and transparency of public officials. The Act also requires custodians of such documents to implement guidelines or rules of procedure for requests. (Del. Code 29 § 10003)

However, the Delaware FOIA provides public access only to warrants whose disclosure does not compromise the integrity of a criminal justice procedure. For example, warrants about juveniles and those containing sensitive information are not open to the public. Similarly, only statutorily authorized persons may view or obtain copies of confidential warrants. 

Types of Warrants in Delaware

Delaware courts issue different types of warrants, the most common of which include arrest, search and seizure, bench, and capias warrants. A Delaware arrest warrant is a legal document issued by a competent judicial officer—usually a judge or magistrate—authorizing a peace officer to take an individual into custody.  

In comparison, judges issue search-and-seizure warrants to permit law enforcement to search any person, house, or place to find and seize items that are subject matter in a criminal justice process (Del. Code 29 § 2304). A bench warrant is issued when a person fails to comply with all legal obligations related to their previous arrest, and a capias is a warrant issued by a Delaware court directing a law enforcement officer or agency to bring an individual before the court. 

What is a Search Warrant in Delaware?

A search and seizure warrant is a judge-issued writ that empowers law enforcement to search any person, house, or place to find and seize items that are subject matter in a criminal justice process. Generally, these include items that may serve as evidence of a crime or instruments used to commit a crime. The execution of a search warrant may also lead to a lawful arrest. 

Per the Delaware Crimes and Criminal Procedure Law, Chapter 23, a search and seizure warrant shall only be issued when a competent judicial officer finds probable cause for the search and seizure of a person or property. A complaint or application for a search warrant typically must be addressed to the judge of a Superior Court, the Court of Common Pleas, the Justice of Peace, or any magistrate authorized to issue such warrants (Del. Code 29 § 2304).  

A warrant for the search of a person or property may be issued to find and seize:

• Property obtained from the commission of a crime
• Instruments used in committing the crime
• Papers, plans, and items designed to be used in committing a crime
• Papers or items that constitute unlawful possession 
• Weapons or other things needed to escape from arrest or custody 
• Matters of evidence relating to the commission of a crime
• A person named in an active arrest warrant. 

State laws require a search warrant to indicate the specific house, place, building, or person to be searched and a definite, identifiable description of such persons, papers, documents, or items. 

According to Del. Code 29 § 2308, a search warrant for a dwelling premises typically must be executed during the day. The law prohibits law enforcement from executing search warrants at residential homes at night (between 10 p.m. and 6 a.m.). 

Furthermore, the executing officer typically must give the property owner a copy of the warrant. They must also issue a receipt for the property removed to the owner. If the owner is not around at the time of the warrant execution, the officer typically must drop a copy of the receipt at the premises. The receipt/inventory of property seized shall be made by the executing officer and signed in the presence of the property owner (if they are present) or in the presence of at least one witness (if the property owner is absent). 

How Long Does It Take to Get a Search Warrant?

It depends. Delaware laws regulating search and seizure do not explicitly state or reference a timeline for issuing search warrants. The time it may take to get a search warrant depends on the filing procedures. 

Under Delaware statutes, the complainant typically must file the complaint in writing, sign the document, and attach an affidavit. Thus, factors that may influence how long it takes to get a warrant include how long it takes the complainant to gather evidence to establish probable cause that justifies a search. The warrant is issued if the judge, justice of the peace, or magistrate is convinced that the evidence provided in the complaint constitutes probable cause for the search/

What is an Arrest Warrant in Delaware?

An arrest warrant authorizes law enforcement to bring an individual into custody on suspicion of committing a crime. However, law enforcement agents do not always need warrants to make arrests, especially for traffic offenses. A peace officer may arrest someone who commits a misdemeanor without a warrant if the offense was committed in the officer's presence or subject to other conditions stated in Del. Code 11 § 1904. 

A warrant for the arrest of a person may only be issued by any magistrate, the judge of a superior court, the court of common pleas, or other justice of a peace court authorized to issue warrants in criminal cases. An arrest warrant will be signed when a peace officer files a complaint affixed with an affidavit establishing probable cause or reasonable grounds for believing that the named individual has committed a felony or misdemeanor. 

An arrest warrant will also be issued if a parole offender commits another offense during probation or violates the terms of their probation. It is immaterial whether the offense was committed within or outside the state (Del. Code 11 § 1906). 

Note that warrant arrests are lawful even if the officer does not possess the warrant at the time of the arrest. However, the peace officer typically must provide the warrant within a reasonable time upon the arrestee's request.

Arrest Warrant Lookup in Delaware

The Delaware Criminal Justice Information System (DELJIS) is the state's central database for criminal information. The agency maintains an online wanted person review system that provides up-to-date information on all outstanding warrants issued by Delaware Courts. 

A searcher may find the following information in a warrant lookup, including first and last name, date of birth, race, sex, case history, warrant number, DUC number, issuing court, type of warrant, and reason for issuing the warrant. Inquirers may also contact local police departments and municipal courts for information on active warrants. 

How to Find Out If You Have a Warrant in Delaware

When an individual reasonably believes or suspects they have been named in an active or outstanding warrant, they typically must confirm its existence and resolve it immediately. Resolving a warrant involves turning oneself over to police custody or the court. Nevertheless, depending on the case, it is best to seek the services of an experienced criminal justice attorney. 

The first place to check for an arrest warrant is the DELJIS Online Wanted Person Review site. All Delaware courts, local jails, prisons, and law enforcement agencies report directly to the Criminal Justice Information System. Interested researchers may use this to their advantage as the database offers a robust source of information for their search. 

Another option is to contact the issuing court. Concerned persons may contact the relevant Delaware Courts court clerk in the municipality where they have an open court case or a summons to attend a court hearing. The court clerk may provide information on the nature of the warrant and how to resolve it. 

Similarly, inquirers may find information about an active warrant by contacting law enforcement directly. Law enforcement officials are authorized by statute and court orders to execute warrants. As such, they maintain records of wanted persons and warrant information for offenders in their jurisdiction. Police departments may also keep records of fugitive warrants identifying wanted persons who have fled other jurisdictions after committing a criminal offense. A Delaware fugitive warrant is a type of warrant that is issued in jurisdiction A and executed in jurisdiction B. For example, if a fugitive warrant is issued for the arrest of a suspect in New Castle County and they flee to Kent County, the runaway may be arrested by an officer of the law while in Kent County.  

Free Warrant Search in Delaware

Researchers may conduct a warrant search without paying service or subscription fees through the Delaware Criminal Information Justice System (DELJIS). This service allows all internet users to access their warrant information systems for free. Interested persons may also find warrants issued in Delaware through third-party search sites. Although they are commonly paid services, some offer free trials and low-cost search alternatives. 

How Long Can Police Hold My Phone Without a Warrant in Delaware?

Delaware laws prohibit law enforcement agencies, such as the Delaware Police Department, from holding your phone indefinitely without a warrant. Temporary seizure is allowed in situations incidental to an arrest or to prevent the destruction of evidence on the phone. However, any law enforcement agency will require a valid search warrant to access your phone's content. According to the Fourth Amendment, this protects personal privacy and prevents unlawful seizure or searches by government agencies. According to Title 11 of the Delaware Code § 2301, searches can only be done with the owner's consent or as approved by the Constitution or a statute.

There are exceptions to the compulsion of a warrant for searching your phone in Delaware, including:

• The consent of the owner as outlined in Title 11 of the Delaware Code § 2301
• Searches resulting from lawful arrests according to Title 11 of the Delaware Code § 2303
• Exigent circumstances, such as in a Hot Pursuit situation, according to 11 Delaware Code § 2302

There is no limit on how long government agencies can retain your phone. However, according to state laws, search warrants must be executed within 10 days. Thus, you may challenge the unlawful detention of your phones if a search warrant is not issued within the time limit. 

How to Find Out If Someone Has A Warrant Online

The state of Delaware has a central database for finding warrant information online. Inquirers may find out if a person has a warrant for their possible arrest via the Delaware Criminal Justice Information System Online Wanted Person Review. Searchers may query this database using the person of interest's first and last name.  

Another viable alternative is third-party search services. Unlike official resources, third-party search sites are owned by private individuals and are not affiliated with the government. Third-party sites have little to no geographical restrictions, so using them may help find warrants in several jurisdictions. However, access to these services comes at a one-time charge or subscription fee. 

How Long Do Warrants Last in Delaware?

Generally, arrest warrants in Delaware do not expire. They remain enforceable and active until recalled by the court or until the person(s) named are apprehended and taken into custody. 

On the other hand, search warrants often have a lifespan. A judge or magistrate issuing the warrant will typically specify that it must be returned to court if unexecuted by a set date. This is usually within three to ten days from the warrant's signing. After the time has elapsed, such a search warrant is no longer active or actionable and typically must be returned to the court. Arrest and capias warrants, on the other hand, may be executed at any time or place within the state's jurisdiction.