Del. Code tit. 11 § 2405

Current through 2024 Legislative Session Act Chapter 269
Section 2405 - Authorities permitted to apply for order authorizing interception

The Attorney General, Chief Deputy Attorney General, Director of the Division of Civil Rights and Public Trust, Director of the Family Division, Director of the Fraud and Consumer Protection Division, State Prosecutor or Chief Prosecutor of any county may apply to a judge authorized to receive intercept applications and the judge, in accordance with § 2407 of this title, may grant an order authorizing the interception by investigative or law-enforcement officers of wire, oral, or electronic communications when the interception may provide evidence of any of the following:

(1) Of the commission of the offense of racketeering, murder, kidnapping, human trafficking, gambling, robbery, bribery, extortion, dealing in narcotic drugs or dangerous drugs, dealing in central nervous system depressant or stimulant drugs, dealing in controlled substances or counterfeit controlled substances, prison escape, jury tampering, fraud, official misconduct, deprivation of civil rights, hate crimes, or stalking.
(2) Of the commission of any felony creating a risk of physical injury to a person.
(3) Of any conspiracy or solicitation to commit any of the offenses set forth in paragraph (1) or (2) of this section.
(4) Aiding in the apprehension of the perpetrator of any of the offenses set forth in this section.

No application or order shall be required if the interception is lawful under the provisions of § 2406(c) of this title.

11 Del. C. § 2405

Amended by Laws 2023 , ch. 204, s 1, eff. 9/11/2023.
Amended by Laws 2013 , ch. 276, s 7, eff. 6/30/2014.
72 Del. Laws, c. 232, § 1.;