2019 Delaware Code
Title 20 - Military and Civil Defense
Chapter 3. State Defense Forces
§ 306 Permission to military forces of other states to pursue and arrest persons in Delaware.

Universal Citation: 20 DE Code § 306 (2019)

(a) Any military forces, or organization, unit or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or any enemy forces may continue such pursuit into this State until the military or police forces of this State or the forces of the United States have had reasonable opportunity to take up pursuit or to apprehend or capture such persons.

(b) Such military forces, or organization, unit or detachment thereof, may arrest or capture such persons within this State while in fresh pursuit.

(c) Any such person who is captured or arrested by the military forces of such other state while in this State shall without unnecessary delay be surrendered to the military or police forces of this State to be dealt with according to law.

(d) This section shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful and nothing contained in this section shall be deemed to repeal any of the provisions of the Uniform Law on Fresh Pursuit, as contained in Title 11 [§ 1934 et seq. of Title 11].

43 Del. Laws, c. 81, § 6; 20 Del. C. 1953, § 307; 64 Del. Laws, c. 258, § 1.

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