Delaware Code Title 23 Sec. 2126 – Arrest without warrants
(a) Any Fish and Wildlife Agent or police officer of this State authorized to make arrests for violations of this title and regulations promulgated thereunder is further authorized to arrest a person without a warrant at the scene of a boating accident upon reasonable and probable cause to believe, based upon personal investigation which may include information obtained from eye witnesses, that a violation has been committed by any person then and there present.
Terms Used In Delaware Code Title 23 Sec. 2126
- Arrest: Taking physical custody of a person by lawful authority.
- Fish and Wildlife Agent: means a law-enforcement officer employed by the Department of Natural Resources and Environmental Control pursuant to this title and § 8003(13) of Title 29. See Delaware Code Title 23 Sec. 2112
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: means the State of Delaware. See Delaware Code Title 23 Sec. 2112
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
- Vessel: shall mean every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water or ice. See Delaware Code Title 23 Sec. 2112
(b) An arrest without a warrant is further authorized under this subsection:
(1) Whenever a subject voluntarily leaves the scene of the accident; and
(2) Whenever a suspect is removed from the scene of the accident for the purpose of receiving medical attention in which case the medical facility shall be considered as an extension of the scene of the accident.
(c) When a suspect has been initially detained by an active duty member of the United States Coast Guard, an arrest of that suspect without a warrant is authorized under this section, when based upon reasonable and probable cause, which shall include information obtained from the said active duty member of the United States Coast Guard, that the suspect had been operating a vessel while under the influence of alcohol or drugs in violation of this title.