Page 1 of 2 1 2 LastLast
Results 1 to 10 of 16
  1. #1

    Default When Can You Have a Police Report Admitted as Evidence Under Rule 803(8)

    My question involves court procedures for the state of: Illinois

    I understand that 803(8) has a few different interpretations, as I've come across a few different interpretations. However, I'm dealing with CIVIL court and the ILLINOIS rules of evidence rather than the federal rules of evidence in this situation.

    Can a police report be used in civil court between two domestic parties?

    Let me qualify it, for hearsay sake.


    1) Person 1 calls the police to report an alleged crime that Person A is alleged of committing
    2) Police officer shows up
    3) Person 1 tells the police officer what happened
    4) Person 2, another resident of the residence, tells the police officer her take on things from what she has observed of Person A
    5) The police officer generates a police report with what Person 1 and Person 2 had to say about Person A
    6) It becomes public record

    Can this police report be used in civil court as evidence rather than hearsay?

    FRE 803(8) provides that records, reports, statements, or data compilation, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel, or (C) in civil actions and proceedings and against the Government in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness.
    source: http://www.proskauerguide.com/litiga.../:pf_printable

    (5) Structural Change: A hearsay exception in Illinois with respect to both business and public records is recognized in civil cases by Illinois Supreme Court Rule 236, excluding police accident reports, and in criminal cases by section 115 of the Code of Criminal Procedure (725 ILCS 5/115), excluding medical records and police investigative records. The Illinois Rules of Evidence in Rule 803(6), records of regularly conducted activity (i.e., business records), and in Rule 803(8), public records and reports, while retaining the exclusions described above, removes the difference between civil and criminal business and public records in favor of the traditional and otherwise uniformly accepted division between business records, Rule 803(6), and public records and reports, Rule 803(8), both applicable in civil and criminal cases.
    source: http://www.state.il.us/court/supreme...e/Evidence.htm

    (8) Public records and reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, police accident reports and in criminal cases medical records and matters observed by police officers and other law enforcement personnel, unless the sources of information or other circumstances indicate lack of trustworthiness.
    source: http://www.state.il.us/court/supreme...e/Evidence.htm

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Fre 803(8): Public Records and Reports (Police Reports)

    Why are you conflating Federal Rules of Evidence with Illinois Rules of Evidence? They are 2 separate sets of rules that apply to the courts of jurisdiction of each. Are you suing in state or Federal court? Since it's civil, I'm betting state.

    If you're suing in state court, you want how their 803(8) has been interpreted.

  3. #3

    Default Re: Fre 803(8): Public Records and Reports (Police Reports)

    Quote Quoting free9man
    View Post
    Why are you conflating Federal Rules of Evidence with Illinois Rules of Evidence? They are 2 separate sets of rules that apply to the courts of jurisdiction of each. Are you suing in state or Federal court? Since it's civil, I'm betting state.

    If you're suing in state court, you want how their 803(8) has been interpreted.
    This would be a state court, more definitively, a civil court in the city. However, I believe the Illinois rules of evidence would apply here. I believe the 803(8) for Illinois is saying that police reports can be used in civil actions and proceedings, but I'm having difficulty reading through the legalese and would like an interpretation from someone more familiar with the legalese.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Fre 803(8): Public Records and Reports (Police Reports)

    Even if we assume that the court would let the report itself into evidence, the fact is that third party statements within the report would still be objectionable as hearsay.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Fre 803(8): Public Records and Reports (Police Reports)

    How about as a FOIA request and response?

  6. #6

    Default Re: Fre 803(8): Public Records and Reports (Police Reports)

    Are you sure about that?

    I've read a website where it appears there have been arguments about this, and it would seem that 803(8) allows for the police report to be used and admissible. Perhaps I have an improper interpretation.

    source: http://lawprofessors.typepad.com/evi...arsay-fro.html

  7. #7
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Fre 803(8): Public Records and Reports (Police Reports)

    Now you're bring South Dakota law to the table? The ONLY law you need to be concerned about is that of Illinois, where you are suing.

    What another state's courts have to say, or what a professor says about that state's laws, have no bearing on you.

  8. #8

    Default Re: Fre 803(8): Public Records and Reports (Police Reports)

    free9man, that is not a clear answer that compares or contrasts Illinois vs. South Dakota, as I have found that many of the state rules of evidence mimic the federal rules of evidence. As such, many of the state rules of evidence mimic each other

    South Dakota:
    19-16-12. (Rule 803(8)) Public records and reports admissible. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth:
    (1) The activities of the office or agency; or
    (2) Matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel; or
    (3) In civil actions and proceedings and against the state in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law, are not excluded by § 19-16-4, even though the declarant is available as a witness, unless the sources of information or other circumstances indicate lack of trustworthiness.
    Illinois:
    (8) Public records and reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, police accident reports and in criminal cases medical records and matters observed by police officers and other law enforcement personnel, unless the sources of information or other circumstances indicate lack of trustworthiness.

  9. #9
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Fre 803(8): Public Records and Reports (Police Reports)

    It DOES NOT matter how one state interprets their rules or whether they mimic the FRE.

    The only thing you need to concern yourself with is the law and its interpretation in the jurisdiction you are suing in.

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Fre 803(8): Public Records and Reports (Police Reports)

    Quote Quoting untouchedworld
    View Post
    Are you sure about that?

    I've read a website where it appears there have been arguments about this, and it would seem that 803(8) allows for the police report to be used and admissible. Perhaps I have an improper interpretation.

    source: http://lawprofessors.typepad.com/evi...arsay-fro.html
    Yes, I'm sure about that. Every layer of hearsay is separately objectionable. The article you link speaks directly to that issue (double hearsay) and speaks of the hearsay exceptions that allow for admission of the second level of hearsay statements. The subsequent discussion of admitting factual conclusions without respect to the availability of a declarant is a separate discussion from introducing the hearsay statements; that portion of the opinion was not adopted by the majority (although that's of peripheral relevance given that it's a S.D. decision and thus even if it had adopted that position it would not be binding in Illinois.)

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Criminal Law Issues: Police Report As Evidence
    By BruceLee in forum Immigration Issues
    Replies: 5
    Last Post: 10-16-2011, 05:14 PM
  2. Criminal Investigations: Proof of Video Evidence in Police Report
    By someguyhere in forum Police Investigations
    Replies: 1
    Last Post: 08-24-2011, 09:30 AM
  3. Evidence: Were My Exhibits Admitted As Evidence
    By gmonte201 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 08-22-2011, 12:32 PM
  4. Possibility to Update Police Accident Report and Investigate Physical Evidence
    By Nika in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 02-12-2010, 06:47 PM
  5. Defamation: False Police Report Admitted in Email
    By 1ConfusedPerson1 in forum Defamation, Slander And Libel
    Replies: 2
    Last Post: 01-26-2009, 07:38 PM
 
 
Sponsored Links

Legal Help, Information and Resources