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Remember the three fundamentals of sentences.
1. Identify the subject of the sentence.
The probationer drove west
on Flower St. and collided with two parked cars near the intersection of West St
2. Be careful with pronouns.
Don't confuse the reader.
Be careful with he, she, it,
him, her, they, etc.
Intead of, "He pulled a gun on the victim"
Use:
The suspect pulled a gun on the victim
Be careful with verb use
Example
Mondays hearing was attended by
Officer Michaels
Or does this
sound better
Officer Michaels attended Monday's hearing
Recommended Grammar for Investigative Reports
Grammar
may be defined as the rules and guidelines used by writers to make their message clear and understandable to the reader.
There are a large number of grammatical guidelines in the English language.
Peace officers should be aware of a number of them that are recommended for use when writing investigative reports.
A noun
is a naming word.
It can be used to identify people, places, or anything else that can be named.
Proper nouns
name specific persons, places or things and always begin with a capital letter.
When referring to a specific person within a report, officers should use proper nouns (Tom Smith, Alice Jones) to clearly convey to the reader whom they are writing about.
Once the full name has been used once, just the last name may be used when referring to the same person again within a report (Smith, Jones).
Example:
Tom Smith said he saw the woman leap from the deck and run across the yard. Smith went on to describe the woman as...
is a word that substitutes for a noun or a proper noun.
There are two types of pronouns of which writers of investigative reports should be aware.
First person
Use when referring to the:
person writing the report.
Examples of Pronouns
• I/My/Mine/Me
• We/Our/Ours/Us
Examples of Use
• I told my partner...
• Our vehicle was...
A pronoun
Third person
person, place, or thing being written about.
• He/His/Him
• She/Hers/Her
• It/Its
• They/Their/ Theirs/Them
• He said that he was ...
• She told her sister...
• It was no longer present...
• Their father was ...
Note: First person pronouns can also be used within quotes to refer to the person speaking. (e.g., Wilson said, “I ran as fast as I could.”)
When writing investigative reports, officers should use first person pronouns when referring to themselves.
By doing so, the reader has a clear understanding of what the officer who wrote the report actually did, observed, experienced, etc.
Referring to themselves as “the reporting officer” or “the writer of this
report” or using third person pronouns can be needlessly awkward and
lead to confusion as to who was actually doing what.
Example:
My partner and I spoke with the witness about what they saw and heard during the fight.
Non-example:
The reporting officer and that officer’s partner spoke with the witness about what they saw and heard during the fight.
past tense verbs
expresses an action completed in the past
A present tense verb
expresses an action that is currently taking place.
Present Tense
He says his wife did kick him...
I then have Officer Baker . . .
She states that her husband...
On 04-06-98 at 0735 hours I respond to a call...
The suspect arrives at the scene...
Past Tense
He said his wife kicked him...
I then had Officer Baker...
She stated that her husband...
On 04-06-98 at 0735 hours I responded to a call...
The suspect arrived at the scene...
Active voice
A verb is in the active voice when the subject of the sentence is the individual or thing that is actually doing or performing the action.
A verb is in the passive voice when the subject of the sentence is someone or something other than the doer or performer of the action.
Officers writing investigative reports should use verbs that are in the active voice rather than the passive voice.
Most readers find sentences written in the active voice easier to follow and understand.
Passive Voice
The victim was given the report form by me.
The seminar was attended by law enforcement personnel.
The witness was talked to by me.
The suspect was patted down for weapons by my partner.
The driver was asked for his driver’s license by me.
Active Voice
I gave the report form to the victim.
Law enforcement personnel attended the seminar.
I talked to the witness.
My partner patted down the suspect for weapons.
I asked the driver for his driver’s license.
Proofreading
Proofreading may seem time-consuming to both experienced and inexperienced writers.
In the case of investigative reports where accuracy, clarity, and completeness are essential, proofreading is critical.
A report’s effectiveness and an officer’s credibility can be damaged by a report with too many mechanical errors.
When proofreading the reports they have written, officers should ask themselves:
• is the correct crime(s) cited in the report?
• are all the elements appropriately articulated?
• are the facts correct (based on the officer’s field notes)?
• is the report well organized?
• is all necessary information included?
• is the information in the proper order?
• are things said efficiently, or are statements too wordy?
• are all conclusions supported by facts?
• are there any gaps in logic?
When proofreading the reports they have written, officers should look for:
• inappropriate use of the parts of speech (e.g., use of nouns, pronouns verbs, etc.),
• language that may be vague or confusing,
• incorrect or inappropriate use of words,
• spelling errors,
• inappropriate punctuation, and
• incorrect use of law enforcement abbreviations.
Daily Journal
Two reasons
Field Notes
An officer’s field notes are the primary source document that the officer will use when writing the investigative report.
Why keep one?
Field notes are more reliable than an officer’s memory.
Other attorneys
Parole, probations and custody personnel
The type of crime or incident will also indicate what specific information is required for your notes.
A statement that can be open to different interpretations and expresses a belief not necessarily substantiated by proof.
Reports are used to...
Uses of Investigative Reports
aid in determining potential civil liability
Detailed field notes reduce the need to recontact the involved parties at a later time.
by...
Ethics
Failure
to file a
report
Specified crimes
Involved parties
The judicial process cannot function without the investigative reports written by the officers who have the direct knowledge of an event or incident.
An officer’s report must present each event or incident in a complete and clear manner. Any investigation, arrest, prosecution, or other action taken must be initiated, supported, or justified by the information included in the report written by that officer.
Because peace officer’s reports are so important to the judicial process, each one must be able to stand up to critical review and legal scrutiny.
An investigative report is a:
• written document
• prepared by a peace officer
• that records in detail
• that officer’s observations and actions
• as they relate to a specific event or incident.
Judicial process
State and federal statutes mandate that law enforcement agencies report certain events and incidents. Penal Code Section 11107 requires each sheriff or police chief executive to furnish reports of specified misdemeanors and felonies to the Department of Justice.
In order to ensure due process, officers, prosecutors, judges, etc., must have sufficient information and evidence to initiate or continue the judicial process and successfully prosecute or exonerate a suspect.
• forgery,
• fraud-bunco,
• bombings,
• receiving or selling stolen property,
• safe and commercial burglary,
• grand theft,
• child abuse,
• homicide,
• threats,
• offenses involving lost, stolen, found, pledged, or pawned property,
• domestic abuse, and
• sex crimes.
What is a report?
Statutory requirement
The users of an officer’s investigative report should be able to locate the answers to six primary questions within the body of the report.
A suspect’s freedom, rights or privileges cannot be taken away or denied
unless there is sufficient cause to justify such action.
Such reports must:
• describe the nature and character of each crime,
• note all particular circumstances of that crime, and
• include all additional or supplemental information pertaining to the suspected criminal activity.
assist prosecutors, defense attorneys, and other law enforcement agencies
serving as a source document for filing criminal complaints,
• providing a record of all investigations,
• providing information to identify the mode of operation of an individual offender, or
• providing a basis for follow up investigations.
giving the evaluating agency insight into the officer’s ability to:
- write clearly, accurately, and mechanically (error-free),
- demonstrate a knowledge of law,
- demonstrate a knowledge of agency policies and procedures,
- investigate criminal acts, and
- recognize potential evidence and relevant information.
providing records of all investigations,
• serving as source documents for criminal prosecution, or
• documenting agency actions
Any officer who knowingly files a false law enforcement report will be guilty of a crime. (Penal Code Section 118.1)
Peace officers have a legal and moral duty to investigate and report all crimes or incidents that come to their attention. Failure to uphold this responsibility can have negative consequences for officers
Different agencies vary in their policies, regulations, and guidelines regarding the roles and responsibilities of peace officers for writing investigative reports.
It is the responsibility of each officer to be familiar with and follow that officer’s specific agency policies.
Deliberate failure to report a crime may be considered a violation of agency regulations and grounds for disciplinary action.
Immediate supervisors and Field Training Officers
All reports are to be true, unbiased, and unprejudiced. These are easy words to say, but sometimes hard to live by. It is not always easy to know or find out the truth. However, it is clear that it is the peace officer’s moral obligation to seek the truth; and it is clear that lying is wrong. Truth and public trust cannot be separated.
• refreshing the officer’s memory before testifying, or
• preparing to provide hearsay testimony at preliminary hearings.
Agency policies
Media representatives
assist with the identification, apprehension and prosecution of criminals
assist officers prior to or during court appearances
A statement that is based on the
analysis of facts and opinions.
Report users
Timely
• documenting events such as:
- accidents or injuries on city or county property,
- industrial injuries, or
- fires or other events that prompt a peace officer response.
• presenting justification for an officer’s behavior or actions.
Insurance agencies
Factual
Representatives of other law enforcement agencies
Detectives and investigators
Reports should be brief and yet contain all relevant information the users will need to do their jobs. Wordiness can make a report less readable and therefore less effective.
Accuracy, completeness, or clarity should never be sacrificed for the sake of brevity. The following table identifies a number of factors that can affect a writer’s ability to write concisely.
provide a source of information for evaluating an officer’s performance
Accurate
Prosecuting and defense attorneys
The factual report provides an objective accounting of the relevant facts
related to the event or incident under investigation. Any conclusions made by the reporting officer must be based on objective facts. These facts must be articulated and documented within the body of the report.
Accurate
The basis for determining relevant information requires peace officers to make the fine distinctions between an opinion, a fact, and a conclusion.
There are six characteristics that all effective investigative reports have in common.
Characteristics of an Effective Report
No decisions can be made or actions taken if an officer’s report does not reach the users in a timely fashion. Evidence can be lost, suspects or witnesses may disappear, and the support and good will in the community can be lost if action toward resolving a case is delayed.
Details that might be more important than relying on your memory
There must be no inconsistencies or discrepancies between what took place and what is documented in the
officer’s report.
If any specific information is found to be inaccurate, the credibility and reliability of the report itself may be jeopardized.
Accuracy is achieved by carefully, precisely, impartially, and honestly recording all relevant information.
Fact
abbreviated notations written by an officer in the field while investigating a specific incident or crime
What is the difference between an opinion, fact or conclusion
Field notes can be used to defend the credibility of an investigative report.
An investigative report must speak for the investigating officer at a time when that officer is not present. There should be no doubt or confusion on what the investigating officer is reporting. If that information is not clear and understandable, it is of little use.
Clear
Clarity is achieved by the use of appropriate language and logical order. The following table identifies a number of factors that can affect the clarity of an investigative report.
including descriptions and details pertaining to stolen items as well as physical evidence
Opinion
They are:
• Factual,
• Accurate,
• Clear,
• Concise,
• Complete, and
• Timely.
To log normal everyday situations
An officer’s report must contain all the relevant information and facts the user of that report will need. If the user must contact the writer to gather additional information, the report is not complete and therefore ineffective.
A statement that can be verified or proven and has real, demonstrable existence.
Conclusions
Complete
Conclusions should always be accompanied with the supporting facts and opinions. Conclusions presented without supporting information may be considered unwarranted.
Concise
witness/victim
statements...
Fundamental Content Elements of Investigative Reports
The adequacy of that communication is dependent on the officer’s ability to logically organize events and clearly state the relevant facts related to the incident.
noting the details of the events the involved parties
observed or experienced.
No matter how an investigative report is organized, it must be factual, accurate, clear, concise, complete, and timely (FACCCT). It must provide prosecutors, investigators, and other participants in the judicial process with the information needed to do their jobs.
• Who?
•What?
• When?
• Where?
• Why?
• How?
Field notes should contain the facts and information that will aid in answering the questions what, when, where, who, how, and why.
They inculde
Identification of a crime
crime scene specifics...
An investigating officer communicates with the other participants in the report process through that officer’s written investigative report. The adequacy of that communication is dependent on the officer’s ability to
logically organize events and clearly state the relevant facts related to the
incident.
They should be taken:
• at the scene of an event or incident,
• when interviewing persons, (e.g., victims, witness, suspects, etc.)
• whenever an officer wishes to record specific facts for inclusion in the report, and
• any time the officer wishes to remember specific details at a later time.
officer actions...
Field notes are recorded while information is fresh in the investigating
officer’s mind.
identification of the involved parties...
For example, specific information for a burglary may include, but not be limited to:
• point of entry,
• point of exit,
• losses,
• types of property taken,
• description of suspect’s vehicle, or
• nature and location of evidence taken.
No matter how an investigative report is organized, it must be factual,
accurate, clear, concise, complete, and timely (FACCCT). It must provide
prosecutors, investigators, and other participants in the judicial process with
the accuracy of the information needed to do their jobs.
such as the reporting person(s), victim(s), witness(es), or suspect(s).
identification of
the crime...
property information...
Every incident is different and different crimes require different information. But certain content elements remain constant regardless of the crime or the formats used to present the information.
witness/victim statements...
Write a probation report on the suspect
in the Wheel chair assault Video
identification of
the involved parties...
establishing how the officer(s) became involved
with the specific incident and additional
background information.
crime scene
specifics...
Fundamental Content Elements of Investigative Reports
The victim was not
able to explain what
had happened
because she was in
pain due to her
broken arm.
Conclusion
including the facts that are necessary to show that the specific crime has taken place.
The victim’s arm
was broken.
A statement that:
- can be verified or proven
- has real, demonstrable
existence.
These are the
Violation and
Pre-Sentence
Reports
Questions Answered by an Effective Investigative Report
Three Step note taking process
Peace officers, correctional officers must recognize in order for an investigative report to be of used, the report must be well organized and include facts needed to establish that a crime has been committed and all actions taken by officers were appropriate.
This may include finding jobs or places to live for the people they are supervising
Opinion
An effective investigative report contains...
Opinions, facts, and conclusions
The users of an officer’s investigative report should be able to locate the
answers to six primary questions within the body of the report. These
questions are noted below.
• What?
• When?
• Where?
• Who?
• How?
• Why?
If an officer is not able to answer a question, the report should provide as
much information as possible. This information may prove vital for
investigators assigned to the case.
necessary to accurately reestablish the scene and events of the crime.
Let them talk, taking notes. NO questions during this time.
A statement that is based on the
analysis of facts and opinions.
Conclusions should always be
accompanied with the supporting
facts and opinions. Conclusions
presented without supporting
information may be considered
unwarranted
Person talking to speaks
property
information...
Factual
but
irrelevant
officer actions...
Example;
The number of fences the officer had to jump while apprehending a suspect
The victim was in
pain.
The basis for determining relevant information requires peace officers to make
the fine distinctions between an opinion, a fact, and a conclusion. The
following table illustrates these distinctions.
Pre-Sentence reports are written for a judge to use during the sentencing of a defendant.
Suspect is:
Jason Murtaw;
Priors for 211, Robbery,
on probation for that charge.
Identified in the Wheelchair assualt report, Detectives.
Mother contacted you saying Probationer was using Meth.
initial
information...
Fact
Violation Report
Using only your memory, recount exactly what you were doing from 1800 hrs. to 1900 hrs. two days ago. Write your actions as if you were taking field notes for an investigative report. How much of your account do you feel is exact? How much is speculation or assumption?
What is Parole?
“When I came out, the bike was
gone. I was really mad and started yelling and cursing. I looked up and down the street but didn’t see anyone or any signs of my bike.”
Violation reports
explain to various
users that someone
has violated terms
an conditions of
their parole or
probation.
Identify the Relevant and
Irrelevant information
Relevant and
irrelevant
information
including descriptions of all actions taken by peace officers that are related to the incident.
“I went inside my apartment to
fill my water bottle and was gone
for less than 5 minutes.”
A statement that:
- can be open to different
interpretations,
- expresses a belief not
necessarily substantiated by
proof.
When they finish, have them repeat their side of the incident
In your own words, explain what makes a fact relevant for the purposes of
an investigative report. Are all relevant details facts? Explain your
answer.
After this, repeat the story and they make additions or add clarifying input.
What are some reasons it is important to fully document within the report the officer’s reasons or rationales for taking specific actions?
Describe the possible effects on an investigation, the officer, and the officer’s department if this information is not included.
Asking clarifying questions during this time
Is the release of a prison inmate
before his full sentence has
been served.
Both write a variety
of reports. There are
two important ones.
Take out a piece of paper and answer the following questions.
“I just bought this bike from the
guy down the street a couple of
weeks ago. It wasn’t new but it
was in really good shape. After a
long ride, I parked the bike in
front of my building at the
bottom of the stairs. I didn’t
bother locking it up or anything
because I thought it would be
safe there, you know.”
The following statement is an excerpt from an investigative report. Has
the writer noted sufficient information to establish that the crime of
vandalism has been committed? Underline the information that supports
the existence of each element of the crime. If an element is not present,
identify the information that is missing.
In order for the crime of vandalism (Penal Code Section 594) to be complete, the necessary crime elements include:
- an act of a person or persons
- with malicious intent
- to deface, damage, or destroy with graffiti or other inscribed material
- personal or real property
- not their own.
The suspension
of a jail sentence
You are preparing to write the report after investigating a residential burglary where a number of expensive antiques were stolen. List the prospective users of that officer’s report.
You are an officer who has responded to a call involving a home burglary. The homeowner tells you that her son’s computer, the family’s television,and three pieces of her jewelry were taken.
List questions you can ask the homeowner that will aid you in describing the stolen property later in your report.
What is Probaion?
Why is it legally important to the officer’s
agency?
Explain what decisions will be
made or actions taken by each.
Probation and Parole
Reports
The subject has been
convicted of a crime, but
is freed from jail on restriction
placed by the court.
Report Writing Exercises
...As my partner and I approached the scene, we could see the spray painted markings on the windshield of a blue Ford Taurus, CA license number 12345, which was parked in the street in front of 9876 Rose Lane. The owner of the Taurus, Clyde Smith, who lived at 9876 Rose Lane came out of the house carrying two empty cans of spray paint that he found in
the gutter three houses down, at 9870 Rose Lane...
These restrictions
are monitored by a
probation officer.
What type of information will each be
looking for within that officer’s report?
Why should the ability to take accurate field notes and to write effective
investigative reports be personally important to a peace officer?
Sergeant Richards is reviewing a report written by Officer Young regarding an investigation of a domestic violence incident. What qualities should the sergeant look for in the report to determine if Young’s performance as a peace officer was adequate? What qualities of the report might indicate that Young’s performance was inadequate?
Consider your past experiences with conveying information in a written form. Who were the readers of your document? Were they able to understand the message you wanted them to receive from your document? What is your strongest writing skill? What areas do you have the most difficulty with?
Complete handout with the appropriate characteristics of an effective report represented by the letters FACCCT. In your own words, describe why each characteristic is important to the identified users.
Read the following narrative from an officer’s investigative report. Would it meet the FACCCT standard? If not, name the specific statements that need improvement. Describe why and how each should be improved.
GRAMMAR
While I was patrolling on the street next to the city park, I saw a man who was in the park after closing hours stumble and fall down. He tried to get up but fell down a second time. When I stopped to check on the man, he appeared to be drunk. He was carrying a bag which contained a half empty can of beer. I asked him if he had been drinking and he said he had a few beers with a friend but was now on his way home. He also told me that the path through the park was a shortcut. I asked the man for ID and he produced his driver’s license. I arrested the man because the man was drunk and had an open container of alcohol while being in the park after it was officially closed.
Example:
Active voice: I saw the inmate. “I” is the subject of the sentence. “I” is doing the act of seeing.
Active and passive voice refers to verb use. Active or passive depends on whether or not the subject of the sentence is doing the acting or is acted upon.
Passive voice: The inmate was seen by me. “The inmate” is the subject of the sentence, and is being acted upon, or “seen.”
Always use active voice; it’s better English, it is more powerful, and it takes fewer words. Active voice also eliminates some of the mystery or confusion about who did what to whom and who was involved.
Write reports using active voice