LEO's: Question regarding comment in a report

LEO's: Question regarding comment in a report

This is a discussion on LEO's: Question regarding comment in a report within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; I am reading a police report (actually a group of many separate reports) from a home invasion where one of the invaders was shot and ...

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  1. #1
    New Member Array brozgrimm's Avatar
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    LEO's: Question regarding comment in a report

    I am reading a police report (actually a group of many separate reports) from a home invasion where one of the invaders was shot and killed by one of the victims in self defense.

    In the report from the officer that interviewed the victims at the scene immediately following the incident, the following observation was made:

    "It should be noted that during my dealing with V1 and V2, they remained extremely calm even after viewing the deceased subject."

    Not having any first hand experience in home invasions or shooting deaths (or the reports from the same), is this noted in the report because the victims' reactions are out of the ordinary for such an incident and thus something possibly significant?


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    Quote Originally Posted by brozgrimm View Post

    Not having any first hand experience in home invasions or shooting deaths (or the reports from the same), is this noted in the report because the victims' reactions are out of the ordinary for such an incident and thus something possibly significant?
    Yes to the possibly significant part, but more importantly, the officer is trying to account the mood of the interview. Its important to note theatrics or other emotions as much as possible.

    I've never had anybody react any other way, unless the dead was a relative or close friend. They knew the dead was dead and how he got that way long before I ever talked to him. It often doesnt fully register to people until days later.
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    VIP Member Array dukalmighty's Avatar
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    Everybody is gonna react different but I believe most people that just shot somebody trying to breakin are gonna be somewhat in a shocked state of mind and even tho they see a dead body they still aren't processing that it was them that killed the guy almost like being in a bad dream,others will be freaking out
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    VIP Member Array AZ Husker's Avatar
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    In the initial interview and subsequent report, the investigating officer is often trying to link emotions (or lack thereof) with association of the crime.
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    Quote Originally Posted by AZ Husker View Post
    In the initial interview and subsequent report, the investigating officer is often trying to link emotions (or lack thereof) with association of the crime.
    +1 If I was V1 or V2 and was aware of that comment in a report by the investigating officer I would be looking for a lawyer.

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    Distinguished Member Array bandit383's Avatar
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    They don't call it PTSD for nothing...I think this comment is out of line and so very subjective so as in attempting to taint the shooting.

    Rick

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    +1 If I was V1 or V2 and was aware of that comment in a report by the investigating officer I would be looking for a lawyer.
    If you were involved in a shooting, you would want one anyway.

    Otherwise, the "mood" or the reaction of a shooter is an important part of the investigative process and reporting those observations are pretty standard in a report.

    It's not a negative or postive observation, just an observation.
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    Distinguished Member Array bandit383's Avatar
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    Quote Originally Posted by HotGuns View Post
    It's not a negative or postive observation, just an observation.
    Aaah..but it can be interpreted as such. It is what is written on paper that attempts are made to read between the lines later...it can have a very dramatic impact.

    Rick

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    Aaah..but it can be interpreted as such. It is what is written on paper that attempts are made to read between the lines later...it can have a very dramatic impact.
    Anything that you can put on a report is like that since its a matter of public record.

    Trying to interpret reports to make them say things that they don't mean is what makes lawyers rich.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    Distinguished Member Array bandit383's Avatar
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    Quote Originally Posted by HotGuns View Post
    Trying to interpret reports to make them say things that they don't mean is what makes lawyers rich.
    Yep...totally agree.

    Rick

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    Quote Originally Posted by HotGuns View Post
    Trying to interpret reports to make them say things that they don't mean is what makes lawyers rich.
    In this incident, the victim that made the shots was cleared with no lawyer involvement (not even a public defender; he could have afforded one on his own).

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    Regardless of the type of legal proceeding, be it grand jury, criminal, or civil, the LEO is going to be asked to describe the victim's demeanor at the time of the shooting. That's a standard question. Not only the LEO will be asked this but so will any responding emergency workers, EMTs, etc. Placing that info in the report is good police work. Several years from now when the case finally goes to trial and the LEO is asked that question he already has a report documenting his observations at the time of the incident and not relying on memory.. That will reduce an attorney's attempt to question the LEO's memory of the event especially if the LEO is with an agency where such incidents are routine.
    If you think writing "remained extremely calm even after viewing the deceased subject." could be viewed as a detriment then consider this. What if the victim was "ranting, raging, uncontrolled." Is that good? Neither statements could be good or either could be good depending on how the attorney might want to present it. Was the victim's uncontrolled emotions because the "victim" acted irrationally and without justification at the time of the shooting? If so then the "victim" really wasn't the "victim" but the aggressor. Or was the "calm" victim in control because they realized they were completely justified in their actions?
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