Home/Delaware/Statutes/Title: 11/Part: Criminal Procedure Generally/Ch. 20: Custodial Interrogations/Subch.: Uniform Electronic Recordation of Custodial Interrogations Act/§ 2010
Delaware Statutes

§ 2010 — Burden of persuasion

Delaware § 2010
JurisdictionDelaware
Title11
PartCriminal Procedure Generally
Ch. 20Custodial Interrogations
Subch.Uniform Electronic Recordation of Custodial Interrogations Act

This text of Delaware § 2010 (Burden of persuasion) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Del. Code tit. 11, § 2010 (2026).

Text

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.

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Legislative History

83 Del. Laws, c. 260, § 1 ; 83 Del. Laws, c. 447, § 1

Nearby Sections

15
§ 2001
Short title
§ 2002
Definitions
§ 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
§ 201
General purposes
§ 2010
Burden of persuasion
§ 2011
Notice of intent to introduce unrecorded statement
§ 2012
Procedural remedies
§ 2013
Handling and preserving an electronic recording
§ 2014
Rules relating to electronic recording
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Bluebook (online)
Delaware § 2010, Counsel Stack Legal Research, https://law.counselstack.com/statute/de/11/2010.