2020 Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 27. Constables
§ 2705 Powers and duties.
The constable shall:
(1) Protect life and property, and preserve peace and good order, while in the performance of the lawful duties of the employment;
(2) Exercise the same powers as peace officers and law-enforcement officers, in order to protect life and property, while in the performance of the lawful duties of the employment;
(3) Execute all lawful orders, warrants and other process directed to the constable by any court or judge of this State; however, a constable shall only have such power and duty if the Board of Examiners, upon review, determine that the constable may exercise such duty or power;
(4) As part of duty, and in the exercise of the constable's lawful authority, notify the full service police agency which has primary law-enforcement jurisdiction in every instance in which the constable makes a custodial detention, an arrest, a search of a person or place, or when the occurrence of a criminal act is reported to the constable. It shall be the responsibility of the full service police agency to undertake any necessary investigation and to comply with the reporting demands of the State Bureau of Identification.
For purposes of this paragraph, “full service police agency” shall mean a police force or other law-enforcement agency of the State, county or municipality which is responsible for the prevention and detection of crime and the enforcement of the laws of this State and its governmental units.
Code 1852, § 630; 12 Del. Laws, c. 86; 15 Del. Laws, c. 443; Code 1915, §§ 1398, 1412; 33 Del. Laws, c. 89, § 3; Code 1935, §§ 1565, 1579; 10 Del. C. 1953, §§ 2723, 2724; 65 Del. Laws, c. 433, § 1; 67 Del. Laws, c. 351, § 6; 70 Del. Laws, c. 186, § 1;
