(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 not feasible.
(b) If both audio and video recording of a custodial interrogation are otherwise required by § 2003 of this title, recording may be by audio alone or by the use of a body-worn camera if a technical problem in the video recording equipment prevents video recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.
(c) If both audio and video recording of a custodial interrogation are otherwise required by § 2003 of this title, recording may be by video alone or by the use of a body-worn camera if a technical problem in the audio recording equipment prevents audio recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.
(d) If a law-enforcement officer conducts a custodial interrogation under this section, the law-enforcement officer shall prepare a written or electronic report explaining the reasoning for the malfunction, to the best of the officer's knowledge, and summarizing the custodial interrogation process and the individual's statements. The law-enforcement officer shall prepare the report as soon as practicable after completing the interrogation.
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.