A police report is a written record made by an officer, describing an incident to which police have responded or have been involved. But can a police report be used as evidence?
When a person has been arrested and accused of a crime, a police report can be a significant source of information about the circumstances surrounding the arrest. But by definition, police reports are hearsay: an out-of-court statement, used to prove the truth of the matter asserted (i.e., to prove the truth of what’s stated in the report).
Hearsay evidence is generally inadmissible in court, as anyone who’s ever watched a television show in which the lawyers scream “Objection! Hearsay!” during crucial moments of a trial doubtlessly knows. So how do lawyers get around this hearsay presumption for police reports?
Hearsay Exceptions
Although evidence rules vary by state, there are generally numerous exceptions to the hearsay rule that allow police reports to be used as evidence in court. These include:
- Business records. Records that are made in the normal course of “business” — which includes the records made by government agents such as police officers — are <a class="colorbox" title="CAL. EVID. CODE � …read more
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