Del. Super. Ct. Crim. R. 41

(a) In general. The procedure governing search and seizure shall be as provided by 11 Del. C., c. 23 or

other applicable law.

(b) Property or person which may be seized with a warrant. [Omitted].

(c) Issuance and contents. [Omitted].

(d) Execution and return with inventory. [Omitted].

(e) Motion for return of property. A person aggrieved by the deprivation of property seized by the police

may move the court for the return of the property on the ground that such person is entitled to lawful

possession of the property. The motion may be made in the county where criminal proceedings are

pending for which the state is holding the property or, if criminal proceedings are not pending, in the

county where the property was seized. If the motion is granted, the property shall be returned to the

movant, although reasonable conditions may be imposed to protect access and use of the property in

subsequent proceedings.

(f) Motion to suppress. A motion to suppress evidence may be made in the county of trial as provided in

Rule 12. The motion shall set forth the standing of the movant to make the application and shall state the

grounds upon which it is made with sufficient specificity to give the state reasonable notice of the issues

and to enable the court to determine what proceedings are appropriate to address them. The court shall

receive evidence on any issue of fact necessary to the decision of the motion, but the court shall not

receive evidence on motions challenging the manner of execution of a search warrant or the veracity of a

sworn statement used to procure a search warrant unless the motions are supported by affidavits, or their

absence is satisfactorily explained in the motion, and the allegedly false statement is necessary to the

finding of probable cause.

(g) Return and filing of papers. The committing magistrate or judge before whom the warrant is returned

shall attach to the warrant a copy of the return, inventory and all other papers in connection therewith.

The committing magistrate shall file them with the clerk of the committing magistrate’s court and the

judge shall file them with the prothonotary.

(h) Scope and definition. [Omitted].

(i) Records. The prothonotary shall keep a record of all applications for warrants sought in Superior Court

and shall have custody of all original papers in connection therewith.