Delaware officers could make certain arrests statewide while off duty

An officer could arrest someone without a warrant anywhere in Delaware for a covered offense. This covers Delaware officers, including county and city officers. Covered offenses risk death or serious injury to another person, or involve driving under the influence, reckless driving, aggressive driving, or passing a stopped school bus. The officer must see the conduct and have good reason to believe the person is committing or trying to commit a covered offense.

An officer acting outside the officer’s agency area under this arrest rule would take reasonable steps to notify local police of the crime’s location. This applies when an officer uses the statewide arrest rule outside the area served by the officer’s agency. For one of the four listed traffic offenses, the officer would also take reasonable steps to notify local police of the vehicle’s registration number, description, and number of occupants. The officer would take those steps as soon as practical.

An officer, including one who is off duty, could arrest someone anywhere in Delaware under an arrest warrant. The warrant must be for the person’s arrest for an offense committed in the area served by the officer’s agency. Outside the officer’s agency area, the officer would take reasonable steps to notify local police of the planned time and place of the arrest.