1. Police Reports Admissible or Not?

2. The MYTH “A police officer’s regular practice in the business of policing is to observe crime and report it. Thus, an officer’s reports are considered business records and therefore are allowed into evidence as an exception to the hearsay rule” Columbus Area Attorney

3. 803(8) (8) Public records and reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth – (a) the activities of the office or agency, – or (b) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel, unless offered by defendant, unless the sources of information or other circumstances indicate lack of trustworthiness.

4. State v. Ward A. Does the majority opinion make sense given the literal reading of the rule?

5. Johnson v. Lutz This is the case you were supposed to read…. – After a motorcycle accident, a police report was offered into evidence by the defense and was excluded. The defense appealed on the grounds that it should have been admissible as a record of regularly conducted business activity.

6. The Common Law Rule The police report is not a record of a regularly conducted business activity, but rather a report full of hearsay statements of third persons, with no indication that they saw the accident or were merely repeating what others had said.

7. FRE Rule 803(8) Provides the public records exception which specifically limits how a police report can come in. Basic Rule of Statutory Construction: – Specific Rule controls a general rule when they conflict.

8. Generally Speaking Admissible in Civil Cases Inadmissible in Criminal Cases.

9. Officer Testifies The police officer can testify to the same matters in the report. – The report can be used to refresh his memory but cannot come in itself.

10. Double Hearsay In Civil Cases, worry about Double and even Triple Hearsay.

11. Bottom Line Admissible in Civil Cases but worry about Double Hearsay Inadmissible in Criminal Cases but look out for some anomalies and local customs.