Police officers in California generate thousands of police reports every day. Most cops strive to be as accurate and truthful as possible. But we all know that police sometimes lie. They may lie in their crime reports, and they may lie on the witness stand in court. Usually, they get away with it. But not always.
1. What happens when an officer gets caught making false statements in his/her police report?
For starters, the cop will likely face disciplinary action from the department. This could range from a warning to a suspension to termination and loss of pension benefits.
There’s also the possibility of criminal prosecution. If the officer lies under oath at a proceeding or lies under oath in a sworn police report, the D.A could file perjury charges. Perjury is a felony in California and carries a state prison term of up to four years.1
Even if the report is not under oath, the D.A. could still file charges under Penal Code 118.1 – police officers filing false reports. This section makes it a crime for a police officer to make a false statement about a criminal matter in any police report, regardless of whether the report is submitted under oath.2
Under PC 118.1, police officers filing false reports can be charged as a misdemeanor or a felony, and a conviction carries up to three years in state prison.3
2. Do courts hold police officers responsible?
Indeed, prosecutors rarely file criminal charges against police officers for misconduct in the line of duty.
But the existence of these laws should serve as a deterrent to any officer from making false statements in reports or in court. (Also refer to our article, “Can I sue the police in California?”
Legal References:
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- See California Penal Code 118 PC.
- California Penal Code 118.1 PC.
- See same.
