CHAPTER 262

FORMERLY

HOUSE BILL NO. 488

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE ISSUANCE OF SEARCH WARRANTS TO CODE ENFORCEMENT CONSTABLES.

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

Section 1. Amend Chapter 29, Title 10, Delaware Code, by adding a new section thereto as follows:

"§ 2902A. Prohibition against the issuance of a search warrant where probable cause does not exist.

Notwithstanding any state or local law, statute, ordinance or regulation to the contrary, no warrant to search any house, building, structure, place, conveyance or thing located in Sussex County shall be issued except upon probable cause supported by oath or affirmation as required by Article I, §6 of the Delaware Constitution of 1897."

Approved April 20, 1998