CHAPTER 264

AN ACT TO AMEND TITLE 21, SECTION 701, DELAWARE CODE, EMPOWERING SPECIFIED LAW ENFORCEMENT OFFICERS TO MAKE ARRESTS WITHOUT WARRANTS FOR VIOLATION OF THE MOTOR VEHICLE CODE IN CERTAIN RADAR, AIRCRAFT AND ACCIDENT CASES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 701, Title 21, Delaware Code, is stricken and a new Section 701 is inserted in lieu thereof as follows :

§ 701. Arrest without warrant for motor vehicle violations

(a) The Commissioner, his deputies, motor vehicle inspectors, state police, state detectives, and other police officers authorized by law to make arrests for violation of the motor vehicle and traffic laws of this State, provided such officers are in uniform, or displaying a badge of office or an official police identification folder, may arrest without a warrant a person--

(1) for violations of any of the provisions of this title committed in their presence; or

(2) for violations of any of the provisions of section 4169 of this Title, relating to speed violations, when the speed is determined by radar or aerial spotting, even though the officer making the arrest did not actually observe the radar speed meter, or observe the violation from the aircraft, provided such arresting officer is in a position to observe the vehicle being detected and provided that the officer is working in conjunction with the reading or observing officer and is immediately advised of the violation and that the vehicle being apprehended is the vehicle detected.

(b) Any police officer authorized to arrest without warrant under subsection (a), is further authorized at the scene of a motor vehicle accident, upon reasonable and probable cause to believe, based upon personal investigation, which may include

information obtained from eyewitnesses, that a violation has been committed by any person then and there present, to arrest such person without a warrant of arrest.

Approved April 19, 1968.