What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in Delaware?
Delaware Title 11 generally mandates that arrest is the apprehension of a person so they are taken into custody to answer for a complaint or a crime. According to state laws, peace officers are any public officials authorized by the courts to make an arrest. In Delaware, though, the Sheriff and their deputies are not authorized according to the law to arrest criminal case processing. Authorized officers typically include police at the county and state levels as well as federal personnel. They may stop a person in a public place provided there are reasonable grounds to suspect that the accused has committed or is in the process of committing an offense. Law enforcement generally has specific rights to arrest an individual, covered in the following typical processes.
Custody and Control
Law enforcement officers are authorized to take the person into custody following an arrest. This limits their ability to move in freedom or go about their daily activities. The goal is to secure the individual for questioning and processing for trial.
Legal Authority
An officer of the law is authorized to conduct an arrest with or without a warrant but under particular conditions. A warrant is a legal document issued by the judicial authorities that requires a person to be presented before a judge to answer for their crime. Arrests by peace officers under a warrant are typically allowed even when the police officer does not have it on their person. Though, if the accused requests it, the warrant should be shown to them as soon as possible. Arrests may also happen without a warrant if the officer has reasonable cause to believe the suspect has committed or is in the process of committing a crime.
Miranda Rights
Miranda rights are a set of rights that are read to an arrested person to alert them so they do not self-incriminate. Miranda rights are generally essential in the state, but if the officer does not give them, it does not constitute a dismissal of the case. However, it could generally affect whatever testimonies or confessions were given during the custodial interrogation as an admission.
Restraint and Transport
According to Title 11, section 467 of the code, law enforcement officers in Delaware are typically permitted to use force against another person during arrest, provided they reasonably believe using force is necessary. For example, if the accused takes flight, the police officer is authorized to use the means required to apprehend them.
Booking Process
When an individual has been detained and taken to the police department, they go through a process of booking before the arraignment. Their personal information is recorded, typically including names, addresses, and physical attributes. The person also surrenders their items and sometimes issues a statement. A mugshot is taken for the records, and a medical screening is performed to determine if the patient has communicable diseases. The accused is also given the right to contact their legal representative and uniform depending on how long they stay until their hearing in court.
Aside from warrants of arrest, individuals in Delaware may also be arrested for the following:
- Public indecency and nudity
- Juvenile offenses
- Violation of court orders
- Traffic violations
- Driving under the influence of drugs or alcohol
There is a distinction between detention and arrest because the latter entails charges. Arrest generally involves indefinite restriction of freedom of movement until a court process has been completed. Detention involves a temporary loss of freedom, where officers may question the accused for a few hours.
What is Unlawful Arrest in Delaware?
Unlawful arrest in Delaware is considered a class A misdemeanor. It applies to police officers and normal citizens when they knowingly and unlawfully restrain another individual. The following ways show how unlawful arrest may occur in the state:
- Lack of probable cause: Police officers operating in the state are generally required to have probable cause to arrest an individual if they do not possess a warrant for the arrest. If they fail to establish probable cause, the arrest is generally considered unlawful, particularly in the absence of a warrant.
- Violation of constitutional rights: Every citizen in the state and country generally has the right and freedom to gather, worship, or bear arms. Arrests made based on these rights are a constitutional violation and deemed unlawful. For example, the Fourth Amendment protects citizens from unlawful search and seizure. Searches without a warrant are not lawful, nor are any arrests made based on the evidence collected in these cases.
- Arrest without a warrant: Arrests may be made without a warrant under specific circumstances. That is, if the police officer witnessed the crime in progress or if there is reasonable cause to indicate that the accused committed the crime. If this is not the case, it means the person has been arrested for nothing, which is generally unconstitutional.
- Mistaken identity: Mistaken identity typically happens when a person is accidentally apprehended because they share the same name or similar appearance with a wanted individual. This is also considered an unlawful arrest.
- Racial profiling and discrimination: Racial profiling is expressly prohibited according to state laws. This is arresting a person based on their skin color. Similarly, other forms of discrimination are deemed hate crimes and could result in criminal prosecution against the rogue police officer.
- Arrest outside jurisdiction: Technically, Delaware law enforcement is not authorized to make arrests outside of the state lines. However, the on-duty officer will, when acting outside of their jurisdiction, contact the relevant authorities so they may take action.
Consequences of Unlawful Arrest
Under Delaware law, unlawful arrest generally results in particular consequences for the police officer charged. Depending on the nature of the arrest, they may get a civil rights lawsuit. That is in the case of constitutional rights violations. If they have violated state laws like racial profiling, it should typically result in internal disciplinary measures, dismissal, and potentially criminal prosecution.
Are Arrest Records Public in Delaware?
Delaware's Freedom of Information Act generally maintains that arrest records are considered public domain within the state. This regulation ensures significant transparency in law enforcement actions at the state level. It typically allows individuals to copy and inspect the information accumulated and maintained by government agencies to a certain extent. Some information deemed available according to the Freedom of Information Act typically includes the following.
- Personal information, including names, addresses, and dates of birth
- Physical attributes of the person arrested, including their height, weight, eye color, race, and gender
- Date, time, and the location of the arrest
- Mugshots and fingerprints
- Arresting officer and agency
- Charges filed
Some records, though, are not accessible to every party because of the nature of the information recorded in the document. Records typically involving ongoing criminal records or juveniles are not available to requesters. Similarly, files detailing mental health cases, domestic abuse, or sensitive security issues may also not be available to every interested party.
What are the Types of Arrest Records in Delaware?
Delaware arrest records are maintained at the local and state levels via the law enforcement agencies that serve and the county courts. At the local level, parties may access arrest records from the police departments or the county sheriff's offices. State-level agencies, such as the state police and the Department of Justice, generally coordinate the information they receive to help with transfers and investigations.
Where are Arrest Records Kept in Delaware?
Interested parties may access available arrest records from any of the following local or state agencies:
Local police department or the sheriff's office.
Local Police Departments
The local police department is generally the first stop for arrest records, considering they handle the majority of the arrests in the county. When a person is arrested, the information is stored in an internal database before it is shared with other state or federal agencies, so they may be the final stop as well if one did not get the record from the other wide-covering platforms.
County Clerk's Offices
Arrest records in Delaware may also be accessed through the county clerk's offices. Following the recording at the police department, the information may be relayed to the county, especially as the person proceeds through the court process. This is to ensure seamless documentation and coordination to reduce overlaps in information transfer.
Delaware State Police
The Delaware State Police maintains the criminal records and backgrounds of the citizens within the state, typically including all arrest records within its jurisdiction. Because the criminal background generally contains more information about a person aside from their arrest records, such as court appearances, witness testimonies, evidence, pleas, convictions, and sentencing, it is typically more restricted in access. That said, parties may request their criminal history record.
How To Find Public Arrest Records in Delaware?
Requesters may access arrest records in person or by mail through the following agencies. Some agencies facilitate online requests depending on their capability.
Requests from the local police or sheriff's office
Requests to the local police offices should first ensure the person of interest was arrested in the specific department being contacted. Secondly, it would be advisable to get a list of the requirements for an arrest records request. Some police departments typically have a request form to fill out, while others only require the individual's name and the connection to the requester. A driver's license and passport are typically needed to verify the identity of the person requesting the record. However, fees for the request will depend on the county.
Contacting the County Clerk's Offices
The county clerk is also a repository. To access these records, requesters may go to the relevant county in person and request the records. The request process may differ depending on the county, but one should typically prepare their identification documents, the relation with the party on the record, and the fee for the request. Fees may depend on the county, as the fees range from $0.25 to $1 per page in three counties.
Criminal Records Request from the Delaware State Police
Interested parties may access criminal records by visiting a Delaware Police Troop location. They generally will have to schedule an appointment and download the form for a criminal history report. Initiating the request will typically require a valid photo identification and a fee of $72 for Delaware residents. The fee is payable by money order or certified check only.
How Long Do Arrests Stay on the Record in Delaware?
In the state of Delaware, criminal histories are generally never sealed. Expunging is the only way to remove arrest records, and charges may be removed from the record. There are two forms of expungement in the state. These are mandatory and discretionary. Mandatory expunging refers to situations where the case was dismissed in favor of the defendant. It also applies to records of less serious crimes, such as petty theft. To qualify for this, the applicant must have no prior convictions. A case that is over seven years old and the disposition of the charges is unknown will also fall into this category.
If the person was convicted of their offense, they might still qualify for a discretionary expungement. This typically applies to convictions of nonviolent misdemeanors that are not under the mandatory expungement setting, provided that the misdemeanors are related to one case. The waiting period is three to seven years. Crimes such as murder, sexual assault, and arson are generally not eligible for expungement.
How To Seal or Expunge an Arrest Record in Delaware?
Expunging is typically handled by the courts that deal with the case. If the case was dismissed or there was a conviction but the stipulations for eligibility have been met, the applicant may file a petition to the specific court. The magistrate will assess the petition and deliberate with the prosecution to determine if it is a valid request. The courts may then approve or reject the request to have the records expunged.
