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Report writing and court testimony

Summary of the topic

An officer's report is the written record of what the officer did and why. Article 2A.051 lists the general duties of a peace officer, including giving notice to a magistrate of offenses committed in the jurisdiction, and a report that records each element of the offense and the facts supporting every action is the written form of that duty. Article 38.23 provides that evidence obtained in violation of the Texas or United States constitutions or laws may not be admitted against the accused, so the basis for every stop, detention, search, seizure and arrest should be set out in observed facts.

The Texas Rules of Evidence shape how a report is used. Under rule 602, a witness may testify only to matters within the witness's personal knowledge, so a report separates what the officer perceived from the inferences drawn and from the conclusions. Under rule 612, an adverse party may have a writing produced if a witness uses it to refresh memory. Under rule 803(5), a recorded recollection may be read into evidence in the conditions the rule sets out, and under rule 803(8) a matter observed by law enforcement personnel is excluded from the public records exception in a criminal case, so a report cannot stand in for the officer's testimony.

Statements of the accused are governed by articles 38.21 and 38.22. A statement must be freely and voluntarily made. A written statement from custodial interrogation is admissible only if the accused received the required warnings and knowingly, intelligently and voluntarily waived those rights. An oral statement from custodial interrogation is admissible only if an electronic recording was made and the conditions in section 3(a) are met, including identification of all voices. Section 3(c) and section 5 contain exceptions, such as an unrecorded statement that leads to the finding of secreted or stolen property.

Disclosure begins with the officer. Article 39.14 requires the state to produce offense reports and witness statements on request, and to disclose exculpatory, impeachment or mitigating information regardless of request. Article 2A.209 requires the agency to give the prosecutor a written statement acknowledging that everything the agency holds that must be disclosed has been disclosed.

Chapter 37 of the Penal Code sets the consequences of a false report or false testimony. Perjury under section 37.02 is a Class A misdemeanor, and aggravated perjury under section 37.03 is a third degree felony. Section 37.10 covers tampering with a governmental record, section 37.09 covers tampering with evidence when an investigation or proceeding is pending, and section 37.08 covers a false report to a peace officer. Section 39.03 defines official oppression, a Class A misdemeanor.

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