CHAPTER 314

FORMERLY

SENATE BILL NO. 330

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEARCH WARRANT RETURNS.

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

Section 1. Amend § 2307, Title 11, Delaware Code by deleting the heading " Issuance of search warrants; contents." and substituting in lieu thereof the following: "§ 2307 Issuance Contents, execution and return of search warrants."

Section 2. Amend § 2307, Title 11, Delaware Code by designating the existing paragraph as "(a)" and by inserting the heading "Issuance of search warrants; contents." after the "(a)" and before the first sentence.

Section 3. Amend § 2307, Title 11, Delaware Code by deleting the "," in the second sentence of the newly designated subsection after the words “things or persons sought as particularly as possible” and replacing in lieu thereof a "." and by deleting the (a), remainder of the section.

Section 4. . Amend § 2307, Title 11, Delaware Code by adding a new subsection (b) to read as follows:

"(b) Execution and Return with Inventory. The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made forthwith and shall be accompanied by a written inventory of any property taken. The inventory shall be made and signed by the officer executing the warrant in the presence of the person from whose possession or premises the property was taken, if they are present, or if they are not present, in the presence of at least one witness. The judge shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant."

Section 5. Amend § 2309, Title 11, Delaware Code by deleting the existing subsection (b) and replacing it with the following:

"(b) The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made forthwith and shall be accompanied by a written inventory of any property taken. The inventory shall be made and signed by the officer executing the warrant in the presence of the person from whose possession or premises the property was taken, if they are present, or, if they are not present, in the presence of at least one witness. The judge shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant."

Section 6. Amend § 2310(b), Title 11, Delaware Code by deleting at the end of that subsection, the words “prepare a written inventory of the property seized and to return the property and this warrant to me forthwith with the written inventory and the person or persons in whose custody or possession the property was found to be dealt with according to law.” and replacing them with the following:

"giving to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken, or leaving the copy and receipt at the place from which the property was taken, and to prepare a signed inventory of the goods seized in the presence of the person from whose possession or premises the property was taken, if they are present, or, if they are not present, in the presence of at least one witness, and to return this warrant, accompanied by the written inventory, to me forthwith."

Section 7. Amend § 2310(c), Title 11, Delaware Code by deleting at the end of that subsection, the words “prepare a written inventory of the property seized and to return the property and this warrant to me forthwith with the written inventory and the person or persons in whose custody or possession the property was found to be dealt with according to law.” and replacing them with the following:

"giving to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken, or leaving the copy and receipt at the place from which the property was taken, and to prepare a signed inventory of the goods seized in the presence of the person from whose possession or premises the property was taken, if they are present, or, if they are not present, in the presence of at least one witness, and to return this warrant, accompanied by the written inventory, to me forthwith."

Approved June 25, 2002