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False Information In A Police Report... Lawsuit?

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cabochris

Junior Member
What is the name of your state (only U.S. law)? Washington

1, False information in a police report, either mistakenly or intentionally done so by police.

2, That false information implies I'm a cheat, even though I'm not.

3, Police report with false information presented to a procecutor, who in writing on a plea bargan gives me a stern warning about further cheating the public, in the form of a P.S. at bottom.

4, Resulting in that the police and now the procecutor wrongly believe as a small town businessman I'm a cheat, and threaten futue action against my wicked ways!

5, Resulting in the Procecutor not possibly offering a better plea bargain.

6, Resulting in my attorney and his staff wondering if I am a liar and a cheat.

I believe this false information was entered into police report to make me look bad, because my past record is as clean as it gets. I tried to explain to police the information was wrong, but they did not want to listen. I'm now branded a cheat! When I pick-up items confiscated by the police, I most likely will be able to demonstrate to police and a witness, that the information in report is false. But this will be after the damage to me has been done, by case settlement and reputation.

If I can demonstrate the information is false, can I sue the Police Department and for what? If the answer is yes, then I will provide more details later. The charges against me are about to be settled through a plea bargain and I would prefer to wait until settled before disclosing all the details. Thanks, CC.
 


justalayman

Senior Member
A police report is the documenting of the information culled from witnesses, the physical aspects of the scene, if applicable, and the police' impression of the people contacted.

It does not mean what is written if factual.

Example; a witness says the perpetrator used a hammer to break a window.

in reality, a baseball bat was used.

The police will write the witness stated a hammer was used. Obviously it is incorrect but the witness is either lying or mistaken but as far as it being included in the report; the police record what they are told.
 

cabochris

Junior Member
However in this case the police are making the claim as witness. I pointed out to them their claim is wrong and why, but to no avail. One way or another the statement by the police is not true and I will be able to prove that. Since when can police lie in a report to make someone look bad? If this is a mistake on their part, then they should be investigated for incompetence- especially since I pointed out why they were wrong! Either way they ruined my reputation, implying I'm a cheat and threatened my futue actions, based on this false information. Plus the procecutor must believe I'm a real slick Rotton Apple! Seems like I should be able to sue? Obviously more facts whould help define this better- but I must wait until settled in court.
 

justalayman

Senior Member
that makes no sense unless they are witnesses to what is documented. Are they?


without knowing the very specific facts of the situation, it is difficult to understand what you are talking about. Anonymity on the internet is a good thing. Do not give out information you do not believe should be made public.

as far as changing what is in the report; not going to happen. You do not correct a police report short of simple errors like spelling of a name and such. Other than that, the impressions of the witnesses documented are what they are.
 

cabochris

Junior Member
Yes they are! And, I pointed out they were wrong prior to the police report. They wanted me to look like a cheat to strengthen their case. When this is settled I may release the story here- or may simply go to an attorney. Funny, my attorney also said "this does not make sense", regarding something else related to my case. I asked him what did not make sense? That you do not believe what I'm saying? That the police would actually do such a thing? But they did and I do not have to make sense of that! The police are not **** SS- at least I thought I lived in USA? In my case I was sort of threatend by the police with an unprofessional contact, then wrongly misled by the city regarding licensing, then charged with 4 counts following a police sting (I was doing this in the open with nothing to hide because the city said I did not need a license), and then the police acting as witness, entered wrong information in their report! I'm angry and want to sue! The city and the police!
 

CdwJava

Senior Member
Did you plead guilty to the offense alleged in this police report? It sounds as if you did? If so, then you may have lost out on a shot at clearing your name at least as far as it concerns those things you say are false or misleading.

There is no way to compel the police to change the police report. If you can articulate damages as a result of any false or misleading information in the report or made by the prosecutor, then you are free to pay an attorney to pursue a claim and a lawsuit against the agencies involved. But, as previously mentioned, the police report is not FACT, it is a report of observations made, evidence collected, and statements provided to the police. You refute allegations in court, not by pleading guilty.

Can you prove through a preponderance of the evidence that the police knowingly and intentionally entered false information into their report? If so, then they also committed a crime. However, I strongly suspect that you cannot prove that they did so. What did your defense attorney tell you when you mentioned this to him (or her)?
 

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