(a)In general. The procedure governing search and seizure shall be as provided by 11 Del. C., Chapter 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 clerk.(h)Scope and definition [Omitted]. (i)Records. The clerk shall keep a record of all applications for warrants sought in the Court of Common Pleas and shall have custody of all original papers therewith.
