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 safety of an officer, the individual being interrogated, or another individual. If feasible and consistent with the safety of a confidential informant, an explanation of the basis for the belief that electronic recording would disclose the informant's identity must be in writing at the time of the interrogation. If contemporaneous memorialization of the basis for the belief is not feasible, the memorialization must be made as soon as practicable after the interrogation is completed.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 20. Custodial Interrogations
Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act
§ 2003. Electronic recording requirement.
§ 2004. Notice and consent not required.
§ 2005. Exception for exigent circumstances.
§ 2006. Exception for individual's refusal to be recorded electronically.
§ 2007. Exception for interrogation conducted by other jurisdiction.
§ 2008. Exception for safety of individual or protection of identity.
§ 2009. Exception for equipment malfunction.
§ 2011. Notice of intent to introduce unrecorded statement.
§ 2013. Handling and preserving an electronic recording.
§ 2014. Rules relating to electronic recording.
§ 2015. Limitation of liability.