Del. Code tit. 11 § 2008

Current through 2024 Legislative Session Act Chapter 452
Section 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 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.

11 Del. C. § 2008

Added by Laws 2021, ch. 260,s 1, eff. 8/8/2022.