Where in the Delaware State Constitution do you find where it says the Delaware State Police shall be conservators of the peace? You don’t.
The Delaware State Police were started on April 23, 1923, prior to that they were known as highway traffic Police.
Del. c title 11 chapter 83 State Police s 8302 (a) State Police shall have Police powers similar to those of constables and other police officers, and shall be the conservators of the peace throughout the State.
Prior to July 10, 2007 the word Sheriff was in s 8302 (a) it was removed by HB154. See history of State Police at
http://dsp.delaware.gov/DSPHistory.shtml
The Sheriff is by the constitution given the right to be the conservator of the peace, not the State Police, when the General Assembly decided that they would make a law to have Delaware State police they did so in violation of the Delaware State constitution.
HB 290 which really does bring out the fact that the Sheriff does have arrest powers, if HB290 does become law the Sheriff will still have arrest powers, how so? until the General Assembly votes to change the constitution, the Sheriff will have arrest powers.
This issue should go to the courts and if it got to the Delaware State Supreme Court they would pretty well have to side on the Sheriff, if they are honest.