Legal Question in Criminal Law in Florida

Affidavit Requirements

Hi:

In what statute does it mandate that Florida officers must swear or affirm their police reports?

In DUI cases, regarding the DHSMV Formal Review hearing, where does it say that information relating to the initial contact/traffic stop must be in either sworn testimony or in a sworn affidavit?


Asked on 3/17/05, 5:11 pm

1 Answer from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

Re: Affidavit Requirements

There is no statute that requires law enforcement to swear to their police reports that I am aware of. However, Section 923.03(2), Florida Statutes, says the State Attorney can not file an information unless they have received sworn testimony from witnesses. This is why most police reports have a jurat at the bottom, so that their reports can serve as sworn testimony.

Now as to the DMV hearing, the reason that an executed jurat is necessary is that hearing officers can not recieve unsworn testimony. However, if the officer shows up, he can cure the failure to swear. In those instances where the officer fails to swear to the charging affidavit, it is best to have an informal hearing.

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Answered on 3/17/05, 8:25 pm


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