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Under Delaware Criminal Code Title 11, Section 635, what constitutes murder in the first degree in Delaware?

Recklessly causing the death of another person

Intentionally causing the death of another person

Causing death through criminal negligence

Any unintentional killing during a fight

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Key Facts: DE POST Exam

~75%

Pass Rate

Estimated

70%

Passing Score

DE POST Commission

100

Practice Questions

OpenExamPrep

2 hrs

Exam Duration

DE POST Commission

The DE POST exam has 100 questions in 2 hours, requiring 70% to pass. Covers Delaware criminal code under Title 11, constitutional law, patrol operations, use of force, and professional policing standards.

Sample DE POST Practice Questions

Try these sample questions to test your DE POST exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Delaware Criminal Code Title 11, Section 635, what constitutes murder in the first degree in Delaware?

A.Recklessly causing the death of another person

B.Intentionally causing the death of another person

C.Causing death through criminal negligence

D.Any unintentional killing during a fight

Explanation: Murder in the first degree under Delaware Code Title 11, Section 635 occurs when a person intentionally causes the death of another person. This is a Class A felony carrying the most severe penalties. The key element is the specific intent to kill, distinguishing it from manslaughter which involves recklessness.

2In Delaware, felonies are classified by letter grade. Which class carries the most severe penalties?

A.Class G felony

B.Class D felony

C.Class A felony

D.Class E felony

Explanation: Under Delaware's criminal code, Class A felonies carry the most severe penalties, with potential sentences of 15 years to life imprisonment. Delaware classifies felonies from Class A (most serious) through Class G (least serious felony), providing a structured sentencing framework.

3Under Delaware's implied consent law (Title 21, Section 2740), what happens when a driver refuses a chemical test during a DUI investigation?

A.Nothing; refusal carries no consequences

B.The driver's license is subject to a one-year revocation and the refusal can be used as evidence

C.The officer must release the driver immediately

D.The driver is automatically found guilty of DUI

Explanation: Under Delaware's implied consent law, refusing a chemical test results in a one-year license revocation for a first refusal, with longer periods for subsequent refusals. The refusal can also be used as evidence against the driver in court. Operating a motor vehicle on Delaware roads implies consent to chemical testing.

4Which amendment to the U.S. Constitution requires Delaware officers to have probable cause before obtaining a search warrant?

A.Second Amendment

B.Fourth Amendment

C.Sixth Amendment

D.Tenth Amendment

Explanation: The Fourth Amendment requires probable cause supported by oath or affirmation before a warrant can be issued. This fundamental protection against unreasonable government searches applies to all Delaware law enforcement officers through the Fourteenth Amendment's incorporation doctrine.

5Under Delaware law (Title 11, Section 464), when is a police officer justified in using deadly force?

A.Whenever pursuing a fleeing misdemeanor suspect

B.When the officer reasonably believes deadly force is necessary to protect against imminent death or serious physical injury

C.Only when a supervisor authorizes it over the radio

D.Whenever any felony is being committed

Explanation: Under Delaware Code Title 11, Section 464, a police officer is justified in using deadly force when the officer reasonably believes it is necessary to defend themselves or a third party from imminent death or serious physical injury. This aligns with the constitutional standard of objective reasonableness from Graham v. Connor.

6What is the legal blood alcohol concentration (BAC) limit for adult drivers in Delaware?

A.0.05%

B.0.08%

C.0.10%

D.0.15%

Explanation: Delaware law sets the legal BAC limit at 0.08% for drivers 21 and older. Operating a vehicle at or above this level constitutes driving under the influence. Commercial vehicle operators are held to a lower 0.04% standard, and drivers under 21 face a 0.02% zero-tolerance limit.

7What must a Delaware officer do before conducting a custodial interrogation of a suspect?

A.Obtain a search warrant

B.Provide Miranda warnings informing the suspect of their rights

C.Contact the suspect's employer

D.Ensure a judge is present

Explanation: Before custodial interrogation, Delaware officers must provide Miranda warnings, advising suspects of their right to remain silent, that anything they say can be used against them, their right to an attorney, and that an attorney will be appointed if they cannot afford one. Failure to Mirandize can result in suppression of statements.

8Under Delaware law, what is the difference between robbery in the first degree and robbery in the second degree?

A.The time of day the robbery occurred

B.First degree involves a deadly weapon, serious physical injury, or display of what appears to be a firearm

C.The age of the victim

D.Whether the robbery occurred indoors or outdoors

Explanation: Under Delaware Code, robbery in the first degree (Title 11, Section 832) is distinguished from second degree by the presence of aggravating factors: the defendant was armed with a deadly weapon, displayed what appeared to be a firearm, caused serious physical injury, or threatened immediate use of force with a dangerous instrument.

9A Delaware officer responds to a domestic violence call. Under Delaware's mandatory arrest provisions, what must the officer do?

A.Mediate the dispute and leave

B.Make an arrest when there is probable cause that a domestic violence crime occurred

C.Give both parties a verbal warning

D.Ask the victim if they want to press charges before deciding whether to arrest

Explanation: Delaware has mandatory arrest provisions for domestic violence situations. When an officer has probable cause to believe a crime of domestic violence has occurred, the officer must make an arrest. This policy exists regardless of the victim's wishes and is designed to protect domestic violence victims.

10What is the purpose of the force continuum as taught by the Delaware POST Commission?

A.To determine promotion eligibility

B.To guide officers in matching their force response to the level of resistance or threat encountered

C.To establish officer fitness requirements

D.To assign desk duty to officers

Explanation: The force continuum guides Delaware officers in selecting the appropriate level of force based on the subject's level of resistance or threat. It progresses from officer presence through verbal commands, physical control, less-lethal options, to deadly force, with the expectation that officers will de-escalate when the threat diminishes.

About the DE POST Exam

The Delaware POST exam is required for all law enforcement candidates in Delaware. It covers Delaware criminal code under Title 11, constitutional procedures, patrol operations, use of force, and professional standards as mandated by the Delaware Council on Police Training.

Questions

100 scored questions

Time Limit

2 hours

Passing Score

70%

Exam Fee

$50 (Delaware Council on Police Training (POST Commission))

DE POST Exam Content Outline

25%

Delaware Criminal Law

Delaware Criminal Code Title 11, elements of crimes, classifications, defenses, and sentencing under DE law

25%

Constitutional Law & Procedure

Search and seizure, Miranda, arrest procedures, warrants, and due process in Delaware courts

20%

Patrol & Traffic Operations

Traffic stops, DUI enforcement under Title 21, accident investigation, and patrol techniques in Delaware

15%

Use of Force & Defensive Tactics

Force continuum, de-escalation, deadly force standards under Delaware law, and less-lethal options

15%

Professional Standards

Ethics, community policing, report writing, cultural awareness, and officer conduct per DE POST standards

How to Pass the DE POST Exam

What You Need to Know

Passing score: 70%
Exam length: 100 questions
Time limit: 2 hours
Exam fee: $50

Keys to Passing

Complete 500+ practice questions
Score 80%+ consistently before scheduling
Focus on highest-weighted sections
Use our AI tutor for tough concepts

DE POST Study Tips from Top Performers

1Master Delaware Criminal Code under Title 11 covering criminal offenses and classifications

2Study Fourth Amendment search and seizure exceptions as applied in Delaware courts

3Know Delaware use of force standards and deadly force justification under state law

4Review Delaware DUI laws under Title 21 including implied consent provisions

5Practice with timed full-length tests to build exam stamina for the 2-hour time limit

Frequently Asked Questions

What is the DE POST passing score?

The Delaware POST exam requires a minimum score of 70% to pass. Candidates must demonstrate competency across all tested subject areas including Delaware criminal code and patrol procedures.

How hard is the Delaware peace officer exam?

The DE POST exam is considered moderately difficult. It requires knowledge of Delaware Criminal Code under Title 11, constitutional law principles, and patrol operations. Candidates who complete approved academy training typically pass on their first attempt.

What are the prerequisites for the DE POST exam?

Candidates must complete a Delaware POST-approved basic law enforcement training academy. Additional requirements include meeting minimum age requirements, having a high school diploma or GED, passing a background check, medical examination, psychological evaluation, and physical fitness test.

How many attempts do I get on the DE POST exam?

Delaware POST allows candidates to retake the exam after a waiting period. Contact the Delaware Council on Police Training for specific retake policies and any remedial training requirements between attempts.