2017 Delaware Code
Title 21 - Motor Vehicles
CHAPTER 7. ENFORCEMENT; ARREST, BAIL AND APPEAL
§ 701. Arrest without warrant for motor vehicle violations.

(a) The Secretary of Safety and Homeland Security, the Secretary of Safety and Homeland Security's deputies, Division of Motor Vehicles investigators, 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 a person without a warrant:

(1) For violations of this title committed in their presence; or

(2) For violations of § 4169 of this title, relating to speed violations, when the speed is determined by radar, electronic devices, electromechanical devices, audio sensor devices, visual sensor devices 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; or

(3) For violations of § 4108(a)(3) of this title relating to red traffic lights, when the violation is determined by personal observation by another law-enforcement officer who communicates the information to the arresting officer by radio or other telecommunications device, provided that the arresting officer is working in conjunction with the observing officer, the arresting officer is immediately advised of the violation and the vehicle being apprehended is the vehicle detected; or

(4) For violations of § 4176C(a) of this title relating to electronic communication devices, when the violation is determined by personal observation by another law-enforcement officer who communicates the information to the arresting officer by radio or other telecommunications device, provided that the arresting officer is working in conjunction with the observing officer, the arresting officer is immediately advised of the violation and the vehicle being apprehended is the vehicle detected; or

(5) For violations of § 4802(a)(1) or (2) or § 4803 of this title relating to seat belts, when the violation is determined by personal observation by another law-enforcement officer who communicates the information to the arresting officer by radio or other telecommunications device, provided that the arresting officer is working in conjunction with the observing officer, the arresting officer is immediately advised of the violation and the vehicle being apprehended is the vehicle detected.

(b) Any police officer authorized to arrest without warrant under subsection (a) of this section 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.

(c) Any arrests for violations of § 4168 or § 4169 of this title or any local ordinance equivalent thereof by a municipal, town or city police department within its jurisdiction as defined by its charter on a state highway shall occur only if:

(1) A "reduced speed ahead" sign is posted at a sufficient distance as determined by the Department of Transportation prior to the start of the speed zone being enforced if the speed limit enforced is less than 55 miles per hour or a "speed limit 55" (or 65, as appropriate) "strictly enforced" sign is posted at a sufficient distance as determined by the Department of Transportation prior to the start of the speed zone being enforced;

(2) A speed limit sign with the limit is posted at the start of the speed zone;

(3) A yellow "strictly enforced" sign is posted below the speed limit sign;

(4) An "entering corporate limits of ____ " sign, with the name of the city, town or municipality inserted on the sign, is posted at the corporate limits;

(5) A "leaving corporate limits of ____ " sign, with the name of the city, town or municipality inserted on the sign, is posted at the end of the corporate limits; and

(6) Any signs required under this subsection shall be installed by the Department of Transportation, with the costs borne by the Department of Transportation. Said signs shall be no less than 2' by 3' in size, and shall be posted on the left and right sides of the highway being monitored.

(d) "State highways," as used in subsection (c) of this section, include the following:

(1) U.S. 13;

(2) U.S. 113;

(3) Delaware Route 1 (SR 1);

(4) Interstate I-95;

(5) Interstate I-495;

(6) Delaware Route 141;

(7) Delaware Route 2;

(8) Delaware Route 896;

(9) Delaware Route 4;

(10) U.S. Route 40;

(11) U.S. Route 301;

(12) U.S. 202; and

(13) Interstate I-295.

(e) No municipal, town or city police department shall operate any speed enforcement equipment outside of its corporate limits, notwithstanding any municipal charter provision or provision of this Code to the contrary.

36 Del. Laws, c. 10, § 145; Code 1935, § 5683; 48 Del. Laws, c. 195; 21 Del. C. 1953, § 701; 56 Del. Laws, c. 264; 57 Del. Laws, c. 670, § 7A; 58 Del. Laws, c. 132; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 325, §§ 1, 2; 73 Del. Laws, c. 206, § 1; 74 Del. Laws, c. 110, § 39; 79 Del. Laws, c. 331, § 1; 79 Del. Laws, c. 410, § 1.;