Title 11, Crimes and Criminal Procedure

§ 1945. Liability insurance. The governing body of any jurisdiction in this State is authorized to procure or extend the necessary public liability insurance to cover claims arising out of mutual assistance to other jurisdictions.11 Del. C. 1953, § 1945; 57 Del. Laws, c. 433; 66 …

§ 1946. Direction and authorization of activities. (a) The principal law-enforcement officer on duty of a jurisdiction shall be responsible for directing the activities of all police coming into that officer’s jurisdiction pursuant to this subchapter. (b) The principal law-enforc…

§ 1947. Immunities; benefits. Police, when acting outside their respective jurisdictions pursuant to mutual assistance, shall have all the immunities from liability and exemptions from law, ordinances and regulations and shall have all the pension, relief, disability workers’ com…

§ 2001. Short title. This subchapter may be cited as the “Uniform Electronic Recordation of Custodial Interrogations Act.”83 Del. Laws, c. 260, § 1; 83 Del. Laws, c. 447, § 1;

§ 2002. Definitions. For purposes of this subchapter: (1) “Body-worn camera” means an electronic device that is worn by a law-enforcement officer and records audio and video data on the device itself or transmits audio and video data to another location for recording. (2) “Crime”…

§ 2003. Electronic recording requirement. (a) Except as otherwise provided by §§ 2005 through 2009 of this title, a custodial interrogation at a place of detention, including the giving of any required warning, advice of the rights of the individual being questioned, and the waiv…

§ 2004. Notice and consent not required. Notwithstanding Chapter 24 of this title, a law-enforcement officer conducting a custodial interrogation is not required to obtain consent to electronic recording from the individual being interrogated or to inform the individual that an e…

§ 2005. Exception for exigent circumstances. A custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically if recording is not feasible because of exigent circumstances. The law-enforcement officer conducting the interrogation shall…

§ 2006. Exception for individual’s refusal to be recorded electronically. (a) A custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically if the individual to be interrogated indicates that the individual will not participate in t…

§ 2007. Exception for interrogation conducted by other jurisdiction. If a custodial interrogation occurs in another state in compliance with that state’s law or is conducted by a federal law-enforcement agency in compliance with federal law, the interrogation need not be recorded…

§ 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 belie…

§ 2009. Exception for equipment malfunction. (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, d…

§ 2010. Burden of persuasion. 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.83 Del. …

§ 2011. Notice of intent to introduce unrecorded statement. If the prosecution intends to introduce in its case in chief a statement made by an individual during a custodial interrogation to which § 2003 of this title applies which was not recorded electronically, the prosecution…

§ 2012. Procedural remedies. (a) Unless the court finds that an exception in §§ 2005 through 2009 of this title applies, the court shall consider the failure to record electronically all or part of a custodial interrogation to which § 2003 of this title applies in determining whe…

§ 2013. Handling and preserving an electronic recording. Each law-enforcement agency in this State shall establish and enforce procedures to ensure that the electronic recording of all or part of a custodial interrogation and a report or other document required to be prepared und…

§ 2014. Rules relating to electronic recording. (a) The Police Officer Standards and Training Commission shall adopt rules to implement this subchapter, which each law-enforcement agency that is a governmental entity of this State shall enforce. (b) The rules adopted under subsec…

§ 2015. Limitation of liability. (a) A law-enforcement agency that is a governmental entity in this State which has implemented procedures to enforce the rules adopted under § 2014 of this title and ensure compliance with this subchapter is not subject to civil liability for dama…

§ 2016. No right to electronic recording or transcript. (a) This subchapter does not create a right of an individual to require a custodial interrogation to be recorded electronically. (b) This subchapter does not require preparation of a transcript of an electronic recording of …

§ 2017. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.83 Del. Laws, c. 260, § 1; 83 Del. Laws, c. 447,…

§ 2021. Definitions. As used in this subchapter: (1) “Custodial interrogation” means as defined in § 2002 of this title. (2) “Deceptive tactics” means stating evidence presently exists, knowing that it does not, or communicating promises of leniency in sentencing, charging, or pr…

§ 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 (b)(3) of this section, a statement of a person, who at the time of the interrogation was…

§ 2101. Purposes of this chapter [Effective until Feb. 1, 2027]. It is the purpose of this chapter to reform the system governing the release of defendants pending a final determination of guilt of such persons. The various courts of this State are empowered and encouraged to mak…

§ 2102. Definitions [Effective until Feb. 1, 2027]. For purposes of this chapter the following definitions shall apply: (1) “Attorney General” includes any Deputy Attorney General or any other prosecutor of the State, county or municipality. (2) “Bail” means the pretrial release …

§ 2103. Persons charged with a capital crime [Effective until Feb. 1, 2027]. (a) A capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after…

§ 2103A. Detention of youth charged with Superior Court offenses [Repealed].69 Del. Laws, c. 354, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 597, § 2; 71 Del. Laws, c. 5, § 1; 72 Del. Laws, c. 149, § 1; repealed by 81 Del. Laws, c. 307, § 1, effective July 11, 2018.;

§ 2104. Release of defendants charged with any other crime [Effective until Feb. 1, 2027]. (a) Any person who is arrested and charged with any crime other than a capital crime shall be released upon execution of 1 of the following: (1) A conditions of release bond. (2) A conditio…

§ 2105. Release pursuant to a conditions of release bond or conditions of release bond not guaranteed by financial terms [Effective until Feb. 1, 2027]. (a) The court shall release a defendant accused of a bailable crime on a conditions of release bond or a conditions of release …

§ 2106. Posting of operator’s license as security for court appearance [Repealed].63 Del. Laws, c. 215, § 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 4; repealed by 79 Del. Laws, c. 36, § 1, eff. June 4, 2013.;

§ 2107. Determining the amount of bail [Effective until Feb. 1, 2027]. (a) In determining the amount of bail to be required to be posted as surety under § 2105 of this title or to be required for a conditions of release bond not guaranteed by financial terms, the court shall not …

§ 2108. Conditions for release [Effective until Feb. 1, 2027]. (a) In addition to the mandatory conditions set forth in § 2104(b) of this title, in connection with any form of bail for a defendant the court may also impose 1 or more of the following conditions: (1) Place the defe…

§ 2109. Failure to provide a conditions of release bond, whether guaranteed by financial terms or not, or consent to conditions; contact with victim or victim’s family [Effective until Feb. 1, 2027]. (a) If the defendant does not provide the form of conditions of release bond req…

§ 2110. Modification of bail, security or conditions of release and sanctions for violation [Effective until Feb. 1, 2027]. (a) Unless reviewed earlier, a court with jurisdiction over the defendant shall review conditions of pretrial release for a defendant who remains detained a…

§ 2111. Procedure for pretrial release or implementing this chapter. Except as provided herein, the procedure for pretrial release or implementing this chapter shall be as provided by the Rules of the Superior Court.11 Del. C. 1953, § 2111; 56 Del. Laws, c. 231, § 1; 79 Del. Laws…

§ 2112. Bail after transfer to another court or after conviction [Effective until Feb. 1, 2027]. Once bail has been given and a charge is pending or is thereafter filed in or transferred to a court of competent jurisdiction, the latter court may continue the original bail in that…

§ 2113. Penalties for noncompliance with conditions of release bond [Effective until Feb. 1, 2027]. (a) If the defendant shall fail to appear as required by the defendant’s bail or shall commit any material breach of the conditions set forth in § 2104(b) or § 2108 of this title, …

§ 2114. Administration of this chapter [Effective until Feb. 1, 2027]. (a) The Department of Correction shall administer the provisions of this chapter that are not exclusively within the jurisdiction of the judiciary. (b) The Commissioner of the Department of Correction may empl…

§ 2115. Forfeiture and default of bail bonds [Effective until Feb. 1, 2027]. (a) If the defendant shall fail to appear as required or be found in breach of a material condition of release imposed by any court, except the House Sergeant of the Wilmington City Police, while under a…

§ 2116. Revocation of bail upon subsequent arrest [Effective until Feb. 1, 2027]. (a) For the purposes of this section: (1) “Original offense” means any violent felony which is alleged to have been committed by a defendant who is thereafter released from custody upon execution of…

§ 2301. Search to accord with statute or Constitution. No person shall search any person, house, building, conveyance, place or other thing without the consent of the owner (or occupant, if any) unless such search is authorized by and made pursuant to statute or the Constitution …

§ 2302. Search without warrant in hot pursuit. A search of a person, house, building, conveyance, place or other thing may be made without a warrant if the search is made for a person hotly pursued provided the pursuer has probable cause to believe that such person has committed …

§ 2303. Search without warrant incident to arrest. A search of a person, house, building, conveyance, place or other thing may be made without a warrant if: (1) The search is made incidental to and contemporaneous with a lawful arrest; (2) The search is made in order to find and …

§ 2304. Persons authorized to issue search warrants. Any Judge of the Superior Court, the Court of Common Pleas, or any justice of the peace, or any magistrate authorized to issue warrants in criminal cases may, within the limits of their respective territorial jurisdictions, iss…

§ 2305. Objects of search warrant. A warrant may authorize the search of any person, house, building, conveyance, place or other things for any of the following: (1) Papers, articles or things of any kind which were instruments of or were used in a criminal offense, the escape th…

§ 2306. Application or complaint for search warrant. The application or complaint for a search warrant shall be in writing, signed by the complainant and verified by oath or affirmation. It shall designate the house, place, conveyance or person to be searched and the owner or occ…

§ 2307. Issuance; contents; execution and return of search warrants. (a) Issuance of search warrants; contents. — If the judge, justice of the peace or other magistrate finds that the facts recited in the complaint constitute probable cause for the search, that person may direct …