§ 933 Search of persons, boats, vessels and commercial facilities.

7 DE Code § 933 (2019) (N/A)

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Any authorized employee of the Department, after determining there is probable cause that there has been a violation of this chapter or any regulation promulgated by the Department or any permit issued by the Division, may do the following without obtaining a warrant beforehand:

(1) Search, examine and/or inspect any person and/or any person’s vehicle, vessel and/or any container or other receptacle in and/or on any vehicle or vessel that is under the control or possession of said person for the purpose of determining said person’s compliance with this chapter or any regulation promulgated by the Department or permit issued by the Division pertaining to the size, limits, sale, purchase and possession of finfish and/or the method of taking finfish;

(2) Detain any person and/or person’s vehicle or vessel for a reasonable length of time to conduct any search, examination and/or inspection thereof, as described in paragraph (1) of this section; and

(3) Inspect, search and/or examine any commercial facility in the business of selling and/or storing finfish in the presence of any occupant of said facility to determine compliance with this chapter and any regulation promulgated by the Department or permit issued by the Division.

64 Del. Laws, c. 251, § 1.

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§ 934 Seizure and forfeiture of finfish.