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  1. #1
    Join Date
    Aug 2017
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    2

    Default Giving False Information on a Police Report

    My question involves criminal law for the state of: CA - If you are asked a question by a Police Officer and you answer with a "lie", is that against the law? If so what is the PC code? (Example - Q: Is the dog here/on the property now? A: No, I gave the dog away and can not get it back.) Also, if I have a copy of the filed Police report what recourse do I have against the person(s) who lied?

  2. #2
    Join Date
    Mar 2013
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    1,279

    Default Re: Giving False Information on a Police Report

    Maybe, maybe not. It depends on specifics, which you have not provided.

    Section 31 of the Vehicle Code addresses false information under certain. limited circumstances.

    Sections 148, 148.5, and 148.9 of the Penal Code address doing things that obstruct or delay officers in the performance of their duties, making false reports of crimes and giving false identities.

    But, without specifics of the case at hand, it's hard to tell what may or may not apply.

  3. #3
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Giving False Information on a Police Report

    If you feel that someone lied on a police report (as in, they made a knowing and intentionally false statement with the intent to deceive) you can bring it to the attention of the police and see if they want to do anything about it. If they do not pursue the matter in criminal court, then that avenue is done.

    If you suffered demonstrable harm as a result of the lie, then you might be able to sue them. If that might be the case, you should consult an attorney to see if there is any case to be made.

  4. #4
    Join Date
    Aug 2017
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    2

    Default Re: Giving False Information on a Police Report

    Okay so my ex, who is a Police Officer, has my dog & I called Police Department to file a report so I have documentation for the Civil Case. Police go to house and question my ex who states they gave the dog away and they can't get it back, police report filed. Three days later I see my ex and my dog but can't do anything because it is a civil matter & I have to go to court. Today I received from my lawyer documentation proving my ex has my dog and never gave it away, signed by my ex. Now the question is - is this illegal, that my ex who is a Police Officer, gave false information to another Police Office whom in turn filed a report with a false statement? I was told by my ex that it was my word against theirs and no one would believe me because I was not a cop. Now that I have a legal document, can't I do something??? I supplied the Officer at the time all the proof of ownership.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Giving False Information on a Police Report

    Since you have an attorney, you might want to run your question through him. Whether your evidence is something that can be used against him or not is something we cannot say. You can always bring it to the attention of the investigating agency and see what they do with it - if anything. It may also be able to be used in a civil suit.

    What is it you want? Do you want the dog? Or the value of the dog? It is likely that this will be a Small Claims matter unless it is part of a larger case involving a divorce and a dissolution of assets.

  6. #6
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Giving False Information on a Police Report

    If you go to court on the civil case, you have to have to prove that your ex wrongfully took your dog. You can seek return of the dog if you can prove he still has the dog, otherwise you can seek from him damages for the value of the dog. But the fact that you filed a police report about him taking the dog is generally not admissible in the civil proceeding. You could use the fact that he lied about still having the dog (if you can prove that) to attack his credibility and help paint him as a liar, however.

    While I expect this would be more of a small claims matter, if the case were to be heard by a jury I would move with the court for an order barring him from mentioning he's a cop in order to prevent that fact from potentially swaying the jury. His occupation and yours are not relevant to this dispute.

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