CHAPTER 308

FORMERLY

HOUSE BILL NO. 561

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 23, TITLE 11 OF THE DELAWARE CODE RELATING TO SEARCHES AT NIGHTTIME.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §2308 of Title 11 of striking the present section in Its entirety and substituting therefor the following:

"§2308. Search at Nightthne

A search warrant shall not authorize the person executing it to search any dwelling house in the nighttime unless the Judge, Justice of the Peace or Magistrate is satisfied that it Is necessary In order to prevent the escape or removal of the person or thing to be searched for, and then the authority shall be expressly given in the warrant. For purposes of this section the term 'nighttime' shall mean the period of time between 10:00 P.M. and 6:00A.M."

Approved June 30, 1982.