Recording Laws
All-Party Consent Required
Delaware is an all-party consent state. All parties must consent to interception of communications.
Statute: Del. Code tit. 11, § 2402
Can Record Police: Yes (in public)
Penalties: Class D felony; up to 5 years imprisonment
Stop and Identify
ID Required When Detained
When in public place and officer has reasonable suspicion
What you must provide:
- - Name
- - Address
Penalty for refusal: Violation (fine only)
Statute: Del. Code tit. 11, § 1902
Immigration Policy
Neutral
Delaware has some immigrant protections but no comprehensive sanctuary law.
ICE Cooperation: Limited
State Resources
State Bar Association
https://www.dsba.org/Legal Aid
https://www.declasi.org/Remember in Delaware
- ✓ You always have the right to remain silent
- ✓ You can record police in public spaces
- ✓ You do not have to consent to a search
- ✓ If arrested, say "I want a lawyer"
- ! In Delaware, you must identify yourself when lawfully detained
- ! Delaware is an all-party consent state for recording private conversations