Arrest Report

When a person has been arrested on suspicion of violating a section of the California Penal Code or the California Vehicle Code, police officers that arrested the person will be required to prepare a report on their observations. The report will contain all details of the arrest, starting with when the person was first approached by officers and ending at when they were taken into custody.

Let’s consider an example. Dan is weaving in and out of his lane, and is pulled over by officers on suspicion of a DUI. He is then pulled over and asked by officers if he had been drinking. Dan replies that he had a beer, and officers ask him to step out of the vehicle and ask him to complete some field sobriety tests while they observe his behavior for 15 minutes. After being fairly confident that Dan was intoxicated beyond the limit indicated by the relevant code section, they arrest him and take him into custody.

The officers will note in a report their observations of Dan’s driving that led them to pull him over. Additionally, they will note any statements that Dan made regarding the fact that he had one beer. This is generally why it is advisable to state that you would like to not make any statements, especially those that may incriminate you. These statements will be included in the officer’s report which will be entered as evidence during your case. They are admissible in Court, and therefore, the best way to avoid strengthening the government’s case against you, it is best to refrain from making any statements during your arrest.

Many of our clients are detained by private security guards who make a Citizens Arrest, and are then transferred to the custody of Los Angeles police officers who draft up the police report. The police report is one of the most important pieces of evidence the Prosecution has when charging someone with a crime. The police report contains detailed facts about the incident that gave rise to the alleged crime, and holds high credibility. The report is generally taken as truth by the criminal court and Judge, because it is based on the direct observations of the officers as they made the arrest and the acts leading up to the arrest.

However, in many cases, the officers are not present at the time of the actions leading up the arrest, yet the police report is still taken as valid evidence.

Let’s consider the common example of shoplifting. When a person has been caught shoplifting, the actions are generally observed by in store private security, not by Los Angeles police officers. When officers arrive at the scene, the private security will inform the officers as to what happened, and let officers deal with the next steps in prosecuting someone.

Articles Posted in Arrest Report

How Strong is a Police Report as Evidence in a San Diego Criminal Case?

How can the LAPD Write up a Report if They are not Present at the Time of the Arrest?