Cop Caught Writing a False Report: What Happens Next?

What’s Included in a Police Report?

Police reports are official government documents made by the officers who respond to the scene of an accident or other incident that necessitates police assistance [1]

These reports vary by department, as most states do not have a standardized form, so the content may differ, but typically they include:

• The date and time of the incident
• The location where the incident occurred
• The individuals involved and any witnesses present
• Accounts of what happened from those involved and the witnesses
• Available evidence at the scene
• The officer’s observations and conclusions

Police reports are crucial in personal injury cases as they provide documented evidence that can be more reliable than physical evidence or human memory, which can fade over time.

What Happens if a Police Officer Files a False Report?

If you believe you’ve been affected by a false police report, it’s crucial to understand your rights and the laws that protect you [2]. The Constitution guarantees your rights, and specific penal codes outline the legal consequences for filing a false report. Here’s what you need to know about false reports and how to defend yourself.

What Constitutes a False Report?

A False report is when an individual or a police officer gives a report of an incident that is not 100% accurate. For example, if an officer writes in his report that you had drugs in your pocket, but you did not have any drugs on your person, that is false reporting

Officers who file false reports can face severe consequences, as such actions can compromise the integrity of a court case and call the officer’s credibility into question.

To convict an officer of filing a false report, the following elements must be proven:

• The officer was acting in their official capacity.
• The officer knowingly and intentionally provided false information in the report.
• The false information pertained to a material matter.
• The officer was aware that the information was false when filing the report.

Understanding False Arrest

False arrest often precedes the filing of a false police report. A false arrest occurs when an individual is unlawfully restrained or prevented from exercising their constitutional rights.

Key aspects of a false arrest include:

• The individual’s freedom of movement is restricted.
• The individual is subjected to some form of imprisonment without consent.
• The arrest may involve physical restraint or psychological tactics like threats, fraud, or blackmail.
• Officers engaging in these actions can be held liable for false arrest.

Penal Code 118.1

If a police report contains false information, Penal Code 118.1 is a key legal tool for defending your rights. This code states that any peace officer who knowingly files a report with false information regarding a material matter is guilty of filing a false report, which is punishable by imprisonment in county jail for up to one year or in state prison for one to three years.

PC 118.1 states:

Every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, whether or not the statement is certified or otherwise expressly reported as true, is guilty of filing a false report punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years

Penalties for Officers Filing False Reports

If an officer is convicted of filing a false report, the offense can be classified as either a misdemeanor or a felony. A misdemeanor conviction may result in up to one year in jail or misdemeanor probation. A felony conviction can lead to a maximum of three years in prison or felony probation, depending on the severity of the false reporting.

Providing False Information to a Police Officer (California Vehicle Code 31)

According to WKlaw, providing false information to a peace officer in California is a serious offense with significant consequences [3].

Many might assume that being less than truthful or omitting details when speaking to law enforcement won’t lead to repercussions, but California law takes these actions seriously. Several statutes prohibit providing false information to law enforcement, with penalties varying based on the specifics of the case.

Actions that fall under this offense include:

• Filing a false crime report
• Falsely identifying oneself
• Providing inaccurate information to a police officer

Generally, giving false information to an officer results in a misdemeanor charge, though certain circumstances can escalate the charges.

Filing a False Crime Report (PC 148.5)

Under Penal Code 148.5, it is illegal to knowingly file a false report of a misdemeanor or felony with someone authorized to take crime reports, such as peace officers, district attorneys, or other officials.

This law covers various scenarios, including:

• Reporting a crime that never occurred
• Giving false details about a criminal incident
• Falsely claiming theft or property damage
• Misstating the value of stolen or damaged property

Prosecution Requirements

To secure a conviction under PC 148.5, the prosecutor must prove beyond a reasonable doubt that:

• You made a false report about a crime
• You knew the report was false
• You knew the individual receiving the report was acting in an official capacity to accept crime reports

Penalties for Filing a False Crime Report

Filing a false report is typically a misdemeanor, punishable by up to six months in county jail, a fine of up to $1,000, or both. However, if the offense involves additional crimes like perjury or fraud, it could escalate to a felony charge.

Related Articles:

• Disturbing Peace & Public Nuisance
• Reasons for Retracting a Statement
• Can I Really Go to Jail for Pranking the 911 Call?

If you feel affected by any of these matters, you should contact a criminal defense attorney and seek help.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://levinandmalkin.com/whats-in-a-police-report-and-how-do-i-get-a-copy/
2. https://www.thehfirm.com/blog/what-happens-if-a-police-officer-files-a-false-report
3. https://www.wklaw.com/providing-false-information-to-a-police-officer