Del. Code tit. 11 § 2022

Current through 2024 Legislative Session Act Chapter 452
Section 2022 - Deceptive tactics prohibited
(a) Deceptive tactics in a custodial interrogation of a person under 18 years of age are prohibited.
(b)
(1) Except as provided in paragraphs (b)(2) and (3) of this section, a statement of a person, who at the time of the interrogation was under 18 years of age, is inadmissible in any criminal or delinquency court proceeding if it was made during a custodial interrogation in which deceptive tactics were used. An inadmissible statement under this subsection shall have no effect on the admissibility of evidence obtained as a result of the statement if the evidence would have been discovered through independent lawful means or if knowledge of the evidence was acquired through an independent source.
(2) A statement that is otherwise inadmissible under paragraph (b)(1) of this section may be admitted if the State proves by a preponderance of the evidence that the statement is reliable and was not induced by the use of deceptive tactics.
(3) A statement that is otherwise inadmissible under this section may be admitted to impeach the defendant, if the State proves by a preponderance of the evidence that the statement is reliable and not induced by the use of deceptive tactics.

11 Del. C. § 2022

Added by Laws 2021, ch. 447,s 1, eff. 10/10/2022.