(a) The Secretary of Public Safety, the Secretary of Safety and Homeland Security’s deputies, state police and other sworn police officers are hereby authorized to make arrests without a warrant for any violation of this chapter committed in their presence.

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Terms Used In Delaware Code Title 21 Sec. 4712

  • Arrest: Taking physical custody of a person by lawful authority.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302

(b) The Secretary of Public Safety, the Secretary of Safety and Homeland Security’s deputies, state police and other sworn police officers authorized by the law to make arrests for violations of this chapter without a warrant are authorized upon reasonable and probable cause to believe, based upon personal investigation of a motor vehicle accident which may include information obtained from eyewitnesses, that a violation has been committed by any person then and there present and to arrest such person without a warrant.

65 Del. Laws, c. 198, § ?1; 66 Del. Laws, c. 114, § ?8; 70 Del. Laws, c. 186, § ?1; 74 Del. Laws, c. 110, §§ ?107, 108;