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Current as of January 01, 2022 | Updated by FindLaw Staff
(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 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.
Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 2022. Deceptive tactics prohibited - last updated January 01, 2022 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-2022/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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