2020 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 24. Wiretapping, Electronic Surveillance and Interception of Communications
Subchapter I. Electronic Surveillance and Interception of Communications
§ 2405 Authorities permitted to apply for order authorizing interception.

Universal Citation: 11 DE Code § 2405. (2020)
§ 2405. Authorities permitted to apply for order authorizing interception.

The Attorney General, Chief Deputy Attorney General, State Prosecutor or Chief Prosecutor of any county may apply to a judge authorized to receive intercept applications and the judge, in accordance with § 2407 of this title, may grant an order authorizing the interception by investigative or law-enforcement officers of wire, oral or electronic communications when the interception may provide evidence:

(1) Of the commission of the offense of racketeering, murder, kidnapping, human trafficking, gambling, robbery, bribery, extortion, dealing in narcotic drugs or dangerous drugs, dealing in central nervous system depressant or stimulant drugs, dealing in controlled substances or counterfeit controlled substances, prison escape, jury tampering, or stalking;

(2) Of the commission of any felony creating a risk of physical injury to a person;

(3) Of any conspiracy or solicitation to commit any of the offenses set forth in paragraph (1) or (2) of this section; or

(4) Aiding in the apprehension of the perpetrator of any of the offenses set forth in this section.

No application or order shall be required if the interception is lawful under the provisions of § 2406(c) of this title.

72 Del. Laws, c. 232, § 1;  79 Del. Laws, c. 276, § 7; 
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