Delaware Code Title 11 Sec. 2425 – Delay in giving notices
(a) Definitions. — When used in this section:
(1) “Adverse result” means:
a. Endangering the life or physical safety of an individual;
b. Flight from prosecution;
c. Destruction of or tampering with evidence;
d. Intimidation of potential witnesses; or
e. Otherwise seriously jeopardizing an investigation or unduly delaying a trial.
(2) “Supervisory official” means:
a. The Superintendent or Deputy Superintendent of the Delaware State Police;
b. The chief of police, deputy chief of police or equivalent official of a law-enforcement agency of any political subdivision of the state; or
c. The Attorney General of the State, Chief Deputy Attorney General, State Prosecutor, Chief Prosecutor of any County or a Deputy Attorney General.
Terms Used In Delaware Code Title 11 Sec. 2425
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Investigative or law-enforcement officer: means any officer of this State or a political subdivision of this State, who is empowered by law to conduct investigations or to make arrests for offenses enumerated in this title, any sworn law-enforcement officer of the federal government or of any other state or a political subdivision of another state working with and under the direction of an investigative or law-enforcement officer of this State or a political subdivision of this State, or any attorney authorized by law to prosecute or participate in the prosecution of such offenses. See Delaware Code Title 11 Sec. 2401
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any employee or agent of this State or a political subdivision thereof, or any individual, partnership, association, joint stock company, trust or corporation. See Delaware Code Title 11 Sec. 2401
- Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communications system. See Delaware Code Title 11 Sec. 2401
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Delaying required notices. — An investigative or law-enforcement officer acting under § 2423 of this title may:
(1) If a court order is sought, include in the application a request for an order delaying the notification required under § 2424 of this title for a period not to exceed 90 days, which the court shall grant if the court determines that there is reason to believe that notification of the existence of the court order may have an adverse result; or
(2) If a subpoena issued by a court of competent jurisdiction or a grand jury or the Attorney General is obtained, delay the notification required under § 2424 of this title for a period not to exceed 90 days, upon the execution of a written certification to a court of competent jurisdiction by a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result.
(c) The investigative or law-enforcement officer shall maintain a true copy of a certification executed under paragraph (b)(2) of this section.
(d) Extensions of a delay in notification may be granted by the court upon application or by certification by a supervisory official under the same procedures prescribed in subsection (b) of this section. An extension may not exceed 90 days.
(e) Upon expiration of the period of a delay of notification under subsection (b) or (d) of this section, the investigative or law-enforcement officer shall serve upon by hand or deliver by registered or first class mail to the customer or subscriber a copy of the process or request together with a notice that:
(1) States with reasonable specificity the nature of the law-enforcement inquiry; and
(2) Informs the customer or subscriber:
a. That information maintained for the customer or subscriber by the service provider named in the process or request was supplied to or requested by that investigative or law-enforcement officer and the date on which the information was supplied or the request was made;
b. That notification of the customer or subscriber was delayed;
c. Of the identity of the investigative or law-enforcement officer or court that made the certification or determination authorizing the delay; and
d. Of the statutory authority for the delay.
(f) Notices not required or previously delayed. — If notice to the subscriber is not required under § 2423(b)(1) of this title or if notice is delayed under subsection (b) or (d) of this section, an investigative or law-enforcement officer acting under § 2423 of this title may apply to a court for an order requiring a provider of electronic communications service or remote computing service to whom a warrant, subpoena or court order is directed, for such period as the court deems appropriate, not to notify any other person of the existence of the warrant, subpoena or court order. The court shall enter an order under this subsection if the court determines that there is reason to believe that notification of the existence of the warrant, subpoena or court order will have an adverse result.