Rule 41. Search and seizure

(a) In general. The procedure governing search and seizure shall be as provided by 11 Del. C. Chapter 23 or other applicable law.

(b) Omitted.

(c) Omitted.

(d) Omitted.

(e) Omitted.

(f) Motion to suppress. A motion to suppress evidence may be made in the Justice of the Peace Court in which trial will be held 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 prosecuting agency 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 items seized may be brought before a Justice of the Peace by means of a photograph or videotape. In addition, the officer executing the return may use an audiovisual device to bring the items seized and/or the person in whose custody they were found before the Court. The Justice of the Peace before whom the warrant is returned shall attach to the warrant a copy of the return, inventory and all other papers in connection therewith and shall file them with the clerk.