§ 2003. Electronic recording requirement. (a) Except as otherwise provided by §§ 2005 through 2009 of this title, a custodial interrogation at a place of detention, including the giving of any required warning, advice of the rights of the individual being questioned, and the waiver of any rights by the individual, must be recorded electronically […]
§ 2004. Notice and consent not required. Notwithstanding Chapter 24 of this title, a law-enforcement officer conducting a custodial interrogation is not required to obtain consent to electronic recording from the individual being interrogated or to inform the individual that an electronic recording is being made of the interrogation. This subchapter does not permit a […]
§ 2005. Exception for exigent circumstances. A custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically if recording is not feasible because of exigent circumstances. The law-enforcement officer conducting the interrogation shall record electronically an explanation of the exigent circumstances before conducting the interrogation, if feasible, or as […]
§ 2006. Exception for individual’s refusal to be recorded electronically. (a) A custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically if the individual to be interrogated indicates that the individual will not participate in the interrogation if it is recorded electronically. The individual’s agreement to participate without […]
§ 2007. Exception for interrogation conducted by other jurisdiction. If a custodial interrogation occurs in another state in compliance with that state’s law or is conducted by a federal law-enforcement agency in compliance with federal law, the interrogation need not be recorded electronically unless the interrogation is conducted with intent to avoid the requirement of […]
§ 2008. Exception for safety of individual or protection of identity. A custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically if a law-enforcement officer conducting the interrogation or the officer’s superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the […]
§ 2009. Exception for equipment malfunction. (a) All or part of a custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically to the extent that recording is not feasible because the available electronic recording equipment fails, despite reasonable maintenance of the equipment, and timely repair or replacement is […]
§ 2010. Burden of persuasion. If the prosecution relies on an exception in §§ 2005 through 2009 of this title to justify a failure to record electronically a custodial interrogation, the prosecution must prove by a preponderance of the evidence that the exception applies. 83 Del. Laws, c. 260, § 1; 83 Del. Laws, c. […]
§ 2011. Notice of intent to introduce unrecorded statement. If the prosecution intends to introduce in its case in chief a statement made by an individual during a custodial interrogation to which § 2003 of this title applies which was not recorded electronically, the prosecution shall serve the individual with written notice of that intent […]
§ 2012. Procedural remedies. (a) Unless the court finds that an exception in §§ 2005 through 2009 of this title applies, the court shall consider the failure to record electronically all or part of a custodial interrogation to which § 2003 of this title applies in determining whether a statement made during the interrogation is […]
§ 2013. Handling and preserving an electronic recording. Each law-enforcement agency in this State shall establish and enforce procedures to ensure that the electronic recording of all or part of a custodial interrogation and a report or other document required to be prepared under this subchapter is identified, accessible, and preserved consistent with the law […]
§ 2014. Rules relating to electronic recording. (a) The Council on Police Training shall adopt rules to implement this subchapter, which each law-enforcement agency that is a governmental entity of this State shall enforce. (b) The rules adopted under subsection (a) of this section must address all of the following topics: (1) How an electronic […]
§ 2015. Limitation of liability. (a) A law-enforcement agency that is a governmental entity in this State which has implemented procedures to enforce the rules adopted under § 2014 of this title and ensure compliance with this subchapter is not subject to civil liability for damages arising from a violation of this subchapter. (b) This […]
§ 2016. No right to electronic recording or transcript. (a) This subchapter does not create a right of an individual to require a custodial interrogation to be recorded electronically. (b) This subchapter does not require preparation of a transcript of an electronic recording of a custodial interrogation. 83 Del. Laws, c. 260, § 1; 83 […]
§ 2017. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 83 Del. Laws, c. 260, § 1; 83 Del. Laws, c. 447, § 1;
