Legal Question in Criminal Law in California
If a police offficer files a false police report is it misdemeanor or a felony?
Asked on 6/26/10, 8:24 am
2 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
In your dreams.
Answered on 6/26/10, 12:32 pm
Anthony Roach
Law Office of Anthony A. Roach
Filing a false police report by a citizen to a peace officer is a misdemeanor pursuant to Penal Code section 148.5. The fact that a police officer made a report that contains inaccuracies or errors, however, does not give rise to a charge against a peace officer. The peace officer makes the report based on his interviews with witnesses, and his investigation. He doesn't assume liability civilly or criminally just because a bunch of liars talked to him, or you don't agree with the report.
Answered on 7/01/10, 12:37 pm
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