As amended through November 14, 2024
Rule 41 - Search and Seizure(a) Authority to issue warrant. The authority to issue a search warrant shall be as provided by statute.(b) Grounds for issuance. The grounds for issuance of a search warrant shall be as provided by statute.(c) Issuance and contents. The issuance and contents of a search warrant shall be as provided by statute.(d) Motion for return of property and to suppress evidence. An application for the return of property and to suppress for use as evidence anything obtained as a result of an unlawful search and seizure shall be made by motion supported by the affidavit of the person on whose behalf the motion is made. The motion shall state the grounds upon which it is made and shall set forth the standing of the moving party to make the application. The motion shall be made before the trial or hearing in which the property seized may be used as evidence, unless opportunity therefor did not exist or the moving party was not aware of the grounds for the motion; but the Court in its discretion may entertain the motion at the trial or hearing. Issues of fact shall be determined by the Court on affidavits or in such other manner as the Court directs. (e) Certification for appeal by the State.When any order is entered before trial suppressing or excluding substantial and material evidence, the Attorney General may, within 30 days of the date of entry of the order suppressing the evidence, file a certification that the evidence is essential to the prosecution of the case and a proposed order, which shall set forth the reasons of the dismissal, dismissing the information or petition or any count thereof, to the proof of which the evidence suppressed or excluded is essential, and shall forthwith present the certification and the proposed order to the judge or master who entered the order suppressing evidence. Del. Fam. Ct. R. Crim. P. 41