Monday, September 20, 2010

Effective Police Report Writing, Tip #7

Statements are not necessarily admissions. Alibis aren't necessarily true.

It certainly comes as no surprise to police officers that suspects, arrestees, and defendants don't always tell the truth - even to the police. Sometimes, individuals will falsely "admit" to using something to a DRE, such as marijuana, even though the individual is clearly under the influence of a different type of drug. The suspect might believe that "admitting" to marijuana use (after all, it's medicine, right?) doesn't look as bad as admitting to PCP or crack use. Rather than writing in a report that "The suspect admitted to using marijuana," the officer should write that the "Suspect stated he used marijuana." Saying the suspect admitted to something suggests that the officer believed the person. The same principle applies to other investigations, including crash reconstructions. For example, I recall a report in which the officer wrote "The driver caught his left foot between the brake pedal and the accelerator." Well, there was no evidence of this other than the suspect's self-serving words. The real reason for the crash was the suspect's methamphetamine use. In this case, the officer would have been better off, and more accurate, by simply stating that "The driver claimed that he caught..."

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