Delaware License Plate Reader Laws (2026)

Delaware has no license plate reader statute. We searched the text of all 31 titles of the Delaware Code, current through acts enacted as of September 4, 2026, and no provision names or regulates license plate readers. A few general laws touch nearby subjects, but none sets rules for plate reader use, retention, sharing or audits.

Information reviewed September 30, 2026.

For related pages, see the Delaware entry in the state comparison, the ALPR laws hub, Are Flock cameras legal?, What are Flock cameras?, and our Delaware surveillance camera laws guide.

Does Delaware have a license plate reader law?

No provision we found sets plate reader rules. We converted the official per-title PDFs of the Delaware Code to text and searched all 31 titles for license plate reader, plate reader, automated license, automatic license, license plate recogn, license plate scan and number plate. There were no plate reader hits. The only matches were unrelated, such as "automatic license" suspension language in Title 4 and number plate registration provisions and a number-plate-flipping device ban in Titles 21 and 11.

The official Title 21 PDF states: "This version includes all acts enacted as of September 4, 2026, up to and including 85 Del. Laws, c. 480, 482-484, 486-490, 492-494, 514-515." The Code text therefore includes acts through those chapters and contains no plate reader language. The Delaware Constitution's search-and-seizure clause, Article I, section 6, is the only constitutional text we identified.

Does Delaware's plate-blocking ban regulate plate readers?

No. 21 Del. C. § 2126(e) makes it unlawful "to sell, offer to sell, transfer, possess or use any kind of device, product, plate cover, or object, including any image altering device or spray, for the purpose of hindering, inhibiting, impeding, impairing, or preventing the photographing, recording or imaging of a license plate in connection with the enforcement of this motor vehicle code or any local or municipal traffic laws."

A first offense carries a fine of $50 to $1,000, and each subsequent violation within three years carries a fine of $200 to $2,000. The provision protects the imaging of plates for traffic enforcement. It sets no rule on who may operate a reader, how long data is kept, or who may see it.

Do other Delaware laws reach plate data?

Immigration cooperation. Chapter 84B of Title 11 (Prohibited Police Practices, created by 85 Del. Laws c. 75, with section 8404B added by 85 Del. Laws c. 470) limits law enforcement assistance with immigration enforcement. Section 8404B(d) applies unless an agency is presented with a valid judicial warrant or court order, federal law otherwise requires it, or a listed detainer exception applies. Paragraph (d)(1) bars supporting immigration enforcement operations, including by "providing use of any equipment," and paragraph (d)(4) bars providing "to any immigration agent information not otherwise available to the public relating to an individual's release or contact information, or otherwise facilitate apprehension or questioning of an individual for immigration enforcement." Section 8405B(8) preserves providing information that is "publicly available or readily available to the public in the same manner the public obtains it."

The chapter never mentions license plates, vehicle location or plate readers. Whether it reaches plate reader data is an interpretation, and no official source we opened establishes it. The first annual reports to the Attorney General under section 8406B are due January 1, 2027.

Private-sector privacy. The Delaware Personal Data Privacy Act defines "precise geolocation data." Under 6 Del. C. § 12D-103(b)(1), it does not apply to "any regulatory, administrative, advisory, executive, appointive, legislative, or judicial body of the State or a political subdivision of the State," with an exception for higher education institutions. It therefore does not govern police plate reader data. It could reach a private business that meets its thresholds (35,000 consumers now, 10,000 from January 1, 2027), but we did not establish whether plate reads count as precise geolocation data.

Other plate cameras. Delaware authorizes some plate-capturing enforcement cameras that are not plate reader regulation. Chapter 80 of Title 14 covers a school bus safety camera pilot in the Red Clay district, defined as a camera "designed to capture a recorded image that clearly identifies the license plate number of the motor vehicle that fails to stop when a school bus is stopped." Title 21 has speed camera provisions, and 2 Del. C. § 2006 lets a public-private transportation agreement authorize the contracting party to collect tolls through automatic vehicle identification systems and electronic toll collection systems. We found no plate data privacy rule in the toll provision.

Are Delaware plate reader records public?

Delaware's Freedom of Information Act (29 Del. C. ch. 100) defines "public record" broadly. The exemptions in 29 Del. C. § 10002(o) include "investigatory files compiled for civil or criminal law-enforcement purposes including pending investigative files, pretrial and presentence investigations and child custody and adoption files where there is no criminal complaint at issue" (subsection (o)(3)), intelligence files (o)(5), and records exempted by statute or common law (o)(6).

No plate reader exemption or disclosure rule appears in the Code. We found no Attorney General opinion on whether plate reads count as investigatory files, so that question is open as far as our sources show.

What have Delaware courts said?

We found no Delaware decision on whether plate reader use is a search. A search of Delaware courts on CourtListener surfaced opinions that mention plate readers only as investigative facts, including State v. Watson (Del. Super. Ct. June 27, 2023) and Fayton v. State (Del. Jan. 9, 2026). In Watson, the court denied a motion to suppress; the order mentions that officers checked a plate with "Dover's License Plate Reader system" to confirm a vehicle's daily trips, and the court did not decide whether that check was a search. We read the Watson order. We did not search the Delaware courts' own opinion site, so this is not proof that no ruling exists.

Where are plate readers reported in Delaware?

This list is not complete. A Wilmington City Council press release from August 5, 2026, in our record says: "The City recently confirmed it is decommissioning the four Flock Safety automated license plate reader (ALPR) cameras that had been donated to Wilmington."

WHYY has reported that about 20 Delaware agencies use Flock, that no legislative guardrails exist, and that Delaware State Police declined to provide policy information. We treat that as a news lead and did not verify it against an agency source. We found no Delaware State Police policy, state retention schedule, Attorney General opinion or executive order on plate readers.

Is Delaware considering a plate reader bill?

We could not verify any. The Delaware legislature's bill database is JavaScript-driven and could not be queried in our research, and a web search surfaced none, so pending 2026 bills are unverified. A reader tracking this should check the General Assembly's bill search directly.

How can I check my local system?

Because no statute governs plate readers, the rules for a given system are written in an agency's policy and its vendor contract. Ask the operating agency for its written policy, retention setting, who may search the data, and whether it shares with other agencies. A request for the reads themselves may be met with the investigatory-files exemption discussed above. For the technology, see What are Flock cameras?.

Last updated: September 30, 2026. This page reflects the statutes and records described above as we reviewed them; it is general legal information, not legal advice.

Frequently Asked Questions

Is it legal to use a license plate reader in Delaware?

We found no Delaware statute that prohibits, authorizes or regulates plate readers. The finding comes from a text search of all 31 titles of the Delaware Code, current through acts enacted as of September 4, 2026.

Is it illegal to cover my license plate in Delaware?

21 Del. C. § 2126(e) makes it unlawful to sell, possess or use a device, product, plate cover or object to hinder the photographing or imaging of a plate in connection with traffic enforcement. A first offense carries a fine of $50 to $1,000. The provision concerns traffic enforcement imaging and is not a plate reader data rule.

How long can Delaware police keep plate reader data?

We found no statute or rule setting a retention period, and we located no Delaware State Police or Department of Justice plate reader policy.

Does Delaware law stop plate reader data from going to immigration agents?

11 Del. C. § 8404B(d) limits law enforcement assistance with immigration enforcement absent a judicial warrant, court order or another listed exception, but it never mentions plate data. No official source we opened says whether it reaches plate reader data.

Are Delaware plate reader records public?

Delaware FOIA applies and exempts investigatory files compiled for law enforcement purposes. We found no plate reader exemption and no official source saying whether plate reads qualify as investigatory files.