Incomplete Police Report Lead To Charges Being Dropped

[coldfeet]

My question involves criminal law for the state of: CA

Can an incomplete police report lead to charges being dropped or dismissed?

On police report officer Z, make contact with victim and interviews victim & suspect at station. Officer Z indicates on police report to read, officer X report (page) concerning arrest & contact of suspect. Officer X report -page is not present in report. Can the case be dismissed or dropped for an incomplete report.

How much time does Officer X have to generate a report from the time of the incident?

Can the DA move forward with prosecuting a case with the suspect arrest/contact (page) not present if it is indicated on the report?

Can the DA have the officer add to the report once submitted to the DA?

Thank you,

[cdwjava]

Can an incomplete police report lead to charges being dropped or dismissed?

Can it? Maybe. if the DA feels that the report does not give him enough to pursue at trial, then he can always drop the matter until follow-up is completed.

On police report officer Z, make contact with victim and interviews victim & suspect at station. Officer Z indicates on police report to read, officer X report (page) concerning arrest & contact of suspect. Officer X report -page is not present in report. Can the case be dismissed or dropped for an incomplete report.

That just means the DA will request Officer X's supplement before he will proceed. If the whole case is a dog, the DA won't likely proceed. But, he does not have to drop the matter forever if a supplement is not complete. In most instances, the DA has between one and three years to file charges with the court (depending on the nature of the offense).

How much time does Officer X have to generate a report from the time of the incident?

Up to the SOL or as long as the DA wants to give him.

Can the DA move forward with prosecuting a case with the suspect arrest/contact (page) not present if it is indicated on the report?

Yes.

A report is not evidence. Testimony is evidence. However, if Officer X never provides a supplement, then it will be hard to call him to the stand to testify.

Can the DA have the officer add to the report once submitted to the DA?

Yep. This happens all the time. heck, they can keep investigating even while in trial! They have issues of timely release of discovery to the defense that might come into play if they waited until trial, but it is possible and in some cases, they ARE investigating new leads even while in trial.


- Carl

[coldfeet]

Thank you very much! Very informational...

For some reason I feel like two wallbangers for me.