(a) Any officer in charge of a police department or any officer delegated by the officer may release, instead of taking before a magistrate, any person who has been arrested without a warrant by an officer of that department whenever:
(1) The officer is satisfied either that there is no ground for making a criminal complaint against the person and no further proceedings are desirable; or
(2) The person was arrested for a misdemeanor and has signed an agreement to appear in court at a time designated, if the officer is satisfied that the person is a resident of the State and will appear in court at the time designated.
(b) A person released as provided in this section shall have no right to sue on the ground that the person was released without being brought before a magistrate.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT
Subchapter I. Arrest and Commitment
§ 1902. Questioning and detaining suspects.
§ 1903. Searching questioned person for weapon.
§ 1904. Arrest without warrant.
§ 1905. Validity of arrest on improper grounds.
§ 1906. Possession and display of warrant.
§ 1907. Summons instead of arrest; form; penalty for nonappearance.
§ 1908. Release of person arrested without warrant.
§ 1909. Hearing without delay; permissible delay.
§ 1910. Identification of witness.
§ 1911. Police officers; statewide authority.
§ 1912. Federal law-enforcement officers; authority; immunity.
§ 1913. Release and publication of the name and photograph of a juvenile.