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When They Take Your Property

16 Del. C. § 4784 — a car or house only with the owner's knowledge or consent, and 45 days to ask for it back

A vehicle, or real property, is subject to drug forfeiture only if the State proves by a preponderance of the evidence that the violation happened with the owner's knowledge or consent.

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Seized property that is not contraband is forfeited on application to the Superior Court. Notice goes to known owners by registered or certified mail and by newspaper publication, and if no one begins proceedings for its return within 45 days, the court may order it forfeited automatically.

The burden is on the State. The State proves every material fact by a preponderance of the evidence. A person who is not a defendant and shows an interest held at the time, or a good faith purchase afterward, keeps it unless the State proves knowledge or consent. A claimant who substantially prevails recovers reasonable attorneys' fees from the State.

  • 16 Del. C. § 4785

Property the court orders returned is returned forthwith, and whoever held it is liable for it from the seizure, including towing, storage and maintenance fees. No civil or criminal forfeiture may be pursued for an adult's lawful personal use quantity of marijuana.

A particular seizure is a question for a licensed Delaware attorney.

Sources for this section (3)
  1. 16 Del. C. § 4784 — Forfeitures
  2. 16 Del. C. § 4785 — Burden of proof; liabilities; attorneys’ fees
  3. 16 Del. C. § 4764A — Legal marijuana-related activity

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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