Legal Question in Criminal Law in California

If an officer takes a statement from someone and puts it into a report in a criminal investigation. Does the officer have to include someones complete statement or can they just put the Essence of what someone states? if so what legal basis do they have to decide which parts of a statement are important and which parts not to include?


Asked on 11/16/13, 5:06 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

While the preferred method of recording a statement is with a tape recorder there is no law saying that the full statement must go in the report. The only answer as to what the officer puts into the report is that the officer bases it on training and experience.

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Answered on 11/16/13, 5:30 pm
Anthony Roach Law Office of Anthony A. Roach

You shouldn't be overly fixated on police report. If you are choosing to represent yourself, which I advise against, it is the best way to lose your case by focusing on things that are unimportant. Police reports are inadmissible in court, because they contain hearsay statements from people who have no duty to tell the truth. While they are handed over to the defense as part of the discovery package, they are not filed with the court. Defense attorneys use the police report to learn the prosecution's version of events, and to determine where to start their investigation, but we don't waste time trying to pick apart why an officer wrote what they wrote.

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Answered on 11/17/13, 10:37 am


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