Is a Police Report Hearsay?
The use of police reports as evidence in criminal trials has been a common practice in many countries for decades. However, a question that has long puzzled legal experts is: Is a police report considered hearsay?
Definition of Hearsay
To understand whether a police report is considered hearsay, it’s essential to understand the definition of hearsay. Hearsay is a statement made by someone other than the witness in court, which is used to prove the truth of the matter asserted. Hearsay is not a direct assertion by a person who is present or reasonably available, and its purpose is to establish an otherwise unavailable or unavailable recitation of what was communicated from someone with personal knowledge about the events.
Sources of Police Reports
There are different sources of police reports, including:
- Primary reports: Reports written by police officers in the immediate aftermath of a crime or incident.
- Investigative reports: Reports prepared during an investigation, often with evidence, statements, and research.
- Analytical reports: Reports analyzing crime patterns, trends, or other relevant information.
- Certified or affidavit reports: Reports authenticated through a certified or notarized process.
Legal Analysis
To determine if a police report is hearsay, we must apply the Federal Rules of Evidence (FRE) in the United States. Rule 803(8) of the FRE defines an Excused Confession or Excusable Declaration Against Interest, stating: "A statement not otherwise excluded by the rule providing a list of examples in Rule 803 and **that was given under oath or to a representative of this department, court, committee of the jury, by law enforcement officers , are not hearsay_
Case Law Interpretations
There are two competing lines of case law interpretation:
- Inclusive Approach: Police reports are not hearsay when they are written under oath or as part of the official duty of a peace officer, even if there is no personal knowledge on the part of the author.
- Restrictive Approach: Police reports are hearsay when they are written in response to an inquiry rather than as part of a statutory duty or investigation.
The U.S. Court of Appeals for the Third Circuit has consistently applied the inclusive approach in its decisions.
Factors in Determining Hearsay
Several factors must be considered to determine if a police report is hearsay:
• Original writing: The report is based on a firsthand witness of the event.
• Official capacity: The police officer writing the report did so as part of an official investigation or in connection with an official proceeding.
• Authentication: The report has been properly authenticated through the use of formal authentication processes.
• Context: The context of the report’s use must be taken into consideration; for example, the use of the report for background information may be distinguishable from using it as the foundation for an adverse determination.
Consequences for Unreliable Reports
If a police report is deemed hearsay, there are severe consequences:
| Consequence |
|---|
| Admission barred |
| Lack of testimonial reliability |
| Relevance is uncertain or compromised |
| May create inconsistent testimony |
| Potential bias |
| Undermining jury credibility |
In Conclusion
A police report can be considered ****non-hearsay if it is written by an officer under oath and falls within one of the exempt categories defined in the FRE. Factors such as original writing, official capacity, authentication, and context can support the exclusion of the hearsay exclusion.
If, however, the police report is determined to be hearsay. It will likely lead to adverse consequences for both the court and the individual using it as evidence, affecting the credibility of witnesses and the outcome of trials.
