Burden of persuasion.

Del. Code tit. 11, § 2010
in effect
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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.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c020/sc01/index.htmlFetched: 10/4/2026

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