3. Objectives
Become comfortable with the basics of grammar
Construct an incident report that is concise, accurate, and
informative
F.O.I.A. and T.P.I.A.
Become familiar with common defense attorney tactics and
how to head them off with your report
Prepare for a trial and how to make sure your report holds
water years down the line.
4. Your policy, procedures, and the guidelines from
the prosecutor over your jurisdiction take
precedence over the information provided in
this course. Reports will vary from agency to
agency.
12. Nouns
Person , Place, or Thing
Used as the subject, direct object, and indirect object. Can also be used as the
object of a preposition and as an adverb or adjective. Can also be possessive
Subject : The Animal Control Officer impounds stray dogs.
Direct Object: I finally sold all my puppies.
Indirect Object: Mary fed the dog some treats.
Object of a preposition: She gave directions over the phone.
Adverb: The vaccine clinic is today.
Adjective: The animal shelter faces the park.
Possession: The dog’s kennel needs to be cleaned. My mother’s sister is my aunt.
13. Pronoun
Takes the place of one or more nouns in a sentence
Like nouns, can be used to refer to a person, place, or thing
The police officer described several scenarios. He wanted the trainees to practice them.
Personal Pronoun
I, me, us, them, he, she, yourself, herself, himself, we, they, etc.
Infinite Pronoun
Many, one, such, somebody, either, everybody, any, both, several, etc.
Possessive Pronoun
Whose, my, our, mine, yours, theirs, his, hers, your
14. Verbs
The action word.
If you can do it, it’s a verb
Verbs come in all tenses
Verbs are foundation words in sentences
They beat the puppy with a chain.
The puppy played until it became
overheated.
I am arresting her today.
16. Nouns and Verbs
The most important parts of a
sentence.
You need an action word doing
something to, with, for, or at a noun.
Write like you speak. Tell the
complete story line by line.
These two parts are essential to
sentence structure.
17. Active and Passive Voices
Active = the subject performs an action
Passive = the subject receives the action
She sold three puppies.
She was sold a puppy.
We have issued a citation.
A citation was issued by Animal Services.
Traditionally reports are written in a passive voice.
Writing reports in an active voice is more effective
because it shows who did what and usage errors are
decreased.
18. Subject / Verb Agreement
Verbs must agree with their subject
in number.
Singular subject = singular verb
Plural subject = plural verb
Singular – The dog sits
Plural – The dogs sit
Singular- The car is hot
Plural – The cars are hot
Singular- I am going home
Plural- We are going home
19. Adjectives / Adverbs
Adjectives – modify nouns, pronouns, and other adjectives
The shelter has a two year old Great Dane available for adoption.
He gave her that hat over there.
Adverbs- modify verbs, adverbs, and other adjectives
He always feeds his dog in the evening.
They carried the kitten upstairs.
He objected strongly to the judge’s ruling.
When
Where
What kind
How much
Which one
21. Circumlocution
Circumlocution involves stating an idea or a view in an indirect manner that
leaves the reader guessing and grasping at the actual meaning.
Example: “Around 2 hours before sunset, it was winter at the time, the man
arrived in a combustion engine driven piece of technology with four wheels to
join other bipedal creatures in the ingestion of somewhat large quantities of
food and drink while having discourse around a large wooden mesa designed
for such a purpose”.
Should say : At 5pm, he arrived by car for the dinner party”
Be clear and concise. Include only pertinent descriptions.
23. It’s Permanent
Incident reports, once submitted and approved by a supervisor, is a
permanent legal document.
Reports are subject to open records requests through the Public
Information Act.
Court cases can drag on and you may be called to testify to an incident that
occurred months or years prior.
Anything you write, can and will, be used against you in court!
Your report should make the prosecutor’s job easier and the defense
attorney’s job harder.
24. Who is your ‘target audience’?
Sergeant
Detective
Supervisor
Attorneys
Judges
Insurance companies
Civilians
News media
Public interest groups
Your 14 year old neighbor
25. Components of a report
Fill in the blank
Data including incident title, dates, times, persons involved, etc
The ‘menu’
Synopsis
Public narrative – brief overview of what the report is about and outcome
The ‘appetizer’
Narrative
The most time consuming, annoying, frustrating, intimidating portion of any
incident report.
The “meat and potatoes”
26. Synopsis – Public Narrative
Short overview of what occurred
Sometimes released to news papers or police blotters
On 3/20/15 at approximately 1030 hours, I, ACO John Smith
#223, responded to animal bite in the 100 block of W. Main
St, Smallville, Travis County, TX. A dog was impounded and
placed in quarantine. A report was taken.
27. Write it down
Narratives are not fill in the blank or drop down menus so they can be
daunting at first.
Organize your field notes, your thoughts, and any paperwork related to the
incident.
You can compartmentalize your narrative into logical sections and those
sections flow into a detailed, easy to read, chronological incident report.
Some sections will be ‘fill in the blank’ – identifying people and animals
involved in the incident. Having a standard way to identify involved parties
will help you ask the right questions when you are on scene
28. Identification
People
Name
Race/Gender
DOB
DL #
Address
Phone
Animals
Name
Shelter ID (if one available)
Microchip number
Sex/ altered or not
Color and breed
Coat texture
Tail shape
Age
Address
Rabies vaccine status
Vet clinic who vaccinated
Vet address/ phone
29. Logical sections
How you got there
Time/date/ dispatched to ____/ for ___
Who you talked to
First person you met with – victim/officer/ complainant /suspect
Identify them and narrate your discussion with them
What you saw
Dog running at large, description of injuries, directions something/one fled, building description
What you did
Treated a wound, impounded an animal, used catch pole, untethered an animal, bagged
deceased animal, took photos of scene
30. Interviews
The complainant’s story – being told by you
You are not writing a court transcript – you are summarizing what was said by the
person interviewed
You will likely have to fix their grammar, foul language, and ‘smarten up’ their
statement.
You are not putting words in their mouth, you are just making the statement easier to
follow and understand.
32. Bad
On 3/20/17, I, ACO John Smith #223, responds to a request for assistance
from Smallville Police.
When I arrive, police officers gave me a small dog for impoundment. A
warrant was served and this dog was removed from the home cause the
owners was arrested.
The dog is placed in quarantine for biting an officer.
No further information at this time. This case is assigned to Animal Services
for follow up.
33. Better
On 3/20/17, at approximately 1030 hours, I, ACO John Smith #223,
responded to 124 W Main St., Smallville, Travis County, TX for a request for
assistance from Smallville Police.
Upon my arrival, senior police officer James Doe #53 gave me a small dog
for impoundment. The dog was identified as:
“Fluffy”
Spayed Female
White toy poodle
5 years old
124 W Main St,
Smallville, TX 12345
Not currently vaccinated
34. Smallville police served a warrant at this address and the animal owner
was subsequently arrested. The animal owner was identified as:
McFly, DeeDee
W/F
DOB 12/15/1985
TXDL 12365487
124 W Main St.
Smallville, TX 12345
512-867-5309
While McFly was being arrested by Officer Doe, “Fluffy” bit Officer Doe on
his right calf. He sustained 4 puncture wounds and was treated on scene
by EMS.
“Fluffy” was impounded and placed in quarantine.
No further information at this time. This case is assigned to Animal
Services for follow up.
35. BEST
On 3/20/17, at approximately 1030 hours, I, ACO John Smith #223,
responded to 124 W Main St., Smallville, Travis County, Texas for a request
for assistance from Smallville Police.
Upon my arrival, senior police officer James Doe #53 gave me a small dog
for impoundment. The dog was identified as:
“Fluffy”
Spayed Female
White toy poodle
5 years old
124 W Main St,
Smallville, TX 12345
Not currently vaccinated
36. At approximately 1000 hours, Smallville police served a warrant
at this address and the animal owner was subsequently arrested.
The animal owner was identified as:
McFly, DeeDee
W/F
DOB 12/15/1985
TXDL 12365487
124 W Main St.
Smallville, TX 12345
512-867-5309
37. Officer Doe stated that he and other officers made entry to the residence
through the front door and made contact with McFly. “Fluffy” was loose
inside the residence and was barking aggressively at the officers. Officer
Doe advised that the dog became even more agitated when he attempted
to arrest McFly. Officers on scene did not attempted to restrain the dog or
remove it from the area. “Fluffy” bit Officer Doe on his right calf as he placed
handcuffs on McFly. He sustained four puncture wounds and was treated on
scene by EMS. Officer Doe will be following up with his primary care
physician for antibiotics. The bite victim was identified as:
Doe, James
W/M
DOB 5/22/1983
TXDL 20230355
41 CR 55
Metropolis, TX 12555
512-777-1234
Smallville Police Department
38. “Fluffy” was not currently vaccinated for rabies at the time of the
bite and therefore was impounded to the Smallville Animal
Shelter for quarantine. “Fluffy” will be in quarantine for 10 days
(240 hours) from the time of the bite in accordance with Texas
Health and Safety Code Ch. 826.042. “Fluffy” will be released
from quarantine after 1000 hours on 3/30/17.
No further information at this time. This case is assigned to
Animal Services for follow up.
39. Freedom Of Information Act -FOIA
The Freedom of Information Act (FOIA) generally
provides that any person has the right to request
access to federal agency records or information
except to the extent the records are protected from
disclosure by any of nine exemptions contained in
the law or by one of three special law enforcement
record exclusions.
U.S Dept of Justice
40. Exemptions
The nine exemption categories that authorize government
agencies to withhold information are:
1. classified information for national defense or foreign policy
2. internal personnel rules and practices
3. information that is exempt under other laws
4. trade secrets and confidential business information
5. inter-agency or intra-agency memoranda or letters that are
by legal privileges
6. personnel and medical files
7. law enforcement records or information
8. Information concerning bank supervision
9. geological and geophysical information
41. Law Enforcement Record Exclusions
1. protects the existence of an ongoing criminal law
enforcement investigation when the subject of the
investigation is unaware that it is pending and disclosure
could reasonably be expected to interfere with
enforcement proceedings.
2. is limited to criminal law enforcement agencies and
protects the existence of informant records when the
informant’s status has not been officially confirmed.
3. is limited to the Federal Bureau of Investigation and
protects the existence of foreign intelligence or
counterintelligence, or international terrorism records when
the existence of such records is classified.
42. Texas Public Information Act- TPIA
Texas Government Code, Ch.552, gives you the right
to access government records; and an officer for
public information and the officer’s agent may not
ask you why you want them. All government
information is presumed to be available to the
public. Certain exceptions may apply to the
disclosure of the information. Governmental bodies
shall promptly release requested information that is
not confidential by law, either constitutional,
statutory, or by judicial decision, or information for
which an exception to disclosure has not been
sought.
TX AG Office
44. Drafting An Affidavit
Determine the title of the affidavit. If the affidavit is a sworn statement, then the
name and address of the person giving the testimony or the affiant must be
included in the title, e.g. Affidavit of Jane Doe. If the affidavit will be submitted
before the court, the caption of the case must be stated at the top. The case
caption may be found on any of the pleadings filed by the parties in said case.
The caption must include the name of the court, the county and the state, the
names of the parties and the case number.
In the first paragraph of the affidavit, include the name and
personal circumstances of the affiant. This shall include his address, place of
work, age or date of birth of the affiant, occupation, immigration status
and relationship of the affiant to any of the parties in the case.
Write an opening sentence which must be in the first person. The same must
state that the affiant is swearing under oath or affirming the information in the
affidavit.
45. Make an outline of the facts to be stated in the affidavit. Determine, which
among the listed facts, are relevant and important and disregard those which
are not. Arrange the facts in a coherent manner.
State each fact in one paragraph. Number the paragraphs so that it will be
easier to read it and to refer to it in court.
Described each fact concisely and clearly by providing names, dates,
addresses and other information as needed.
Reference supporting documents by marking them as "exhibits".
46. Make a statement that the affidavit is a complete representation of the
facts to which the affiant is swearing. Also spell out the oath that the
affiant is taking.
Create the signature block. This is the space where the affiant shall sign
his name.
Lastly, provide a notary signature block.
Talk to your prosecutor about what forms they would like used for
seizure affidavits and warrants- if they do not have an animal specific on,
work with them to have one drafted for your agency!
50. Civil vs Criminal
Civil
Preponderance of
evidence
Seizure/Custody hearing
Dangerous Dog appeal
Plaintiff vs Defendant
Criminal
Beyond a reasonable doubt
Offense occurred- guilty/not
guilty
Animal at large, animal cruelty
Prosecution (state) vs
Defendant
51. Civil Court
Seizure hearing
10 days post seizure of the animal
Goal is to get disposition on custody of the animals
Return to owner
Give custody to the state (animal services, animal shelter where animal are
housed)
Humanely destroy
Hold for criminal trial (NEVER want this!!)
52. Ask for restitution from the animal owner to
cover cost of caring for and medical treatment
completed on animals seized
2 dogs : $10/ day / dog for 9 days of boarding-
$180 , 1 dog required xrays - $150, 1 dog require 1
week of medical care for malnutrition- $1500
Request $1830 to be paid to the court for the
care/treatment of the animals seized
Restitution can be calculated from date of seizure to
date of hearing
If owner chooses to appeal, you can request additional
money to recoup costs to be covered by the appeal bond.
54. U.S. v. Wade (1967), the U.S. Supreme
Court told
“Defense counsel has no obligation to
present the truth. …If he can confuse a
witness, even a truthful one, or make him
appear unsure or indecisive, that will be
his normal course.”
56. Civil Hearing Criminal Trial
preponderance of the
evidence
n. the greater weight of the
evidence required in a civil
(non-criminal) lawsuit for
the trier of fact (jury or
judge without a jury) to
decide in favor of one side
or the other.
beyond a reasonable doubt
adj. part of jury instructions in
all criminal trials, in which the
jurors are told that they can
only find the defendant guilty
if they are convinced "beyond
a reason- able doubt" of his or
her guilt
57. Put everyone else on trial first in order to
discredit the witnesses
62. BEFORE THE TRIAL
• Build your case with solid
investigation
• Adequately document the case
• Bring all reports, statements, and
other evidence to attention of
prosecutor for discovery
• Any notes you bring to stand are
subject to discovery
• Familiarize yourself with the
courtroom and the judge’s
procedures
63. IF IT'S NOT IN
THE CASE
REPORT,IT
DID NOT
HAPPEN
64. Before taking the stand, you should be thoroughly
familiar with all reports prepared by you, and all
statements or depositions given by you.
AT TRIAL
Any change in testimony at trial may result in
impeachment by defense counsel and points scored by
his client.
Effective courtroom performance
is founded upon experience and
diligent preparation.
65. In the event you do forget, say so, and you will
be permitted to refer to your reports to refresh
your memory.
While you should take your reports with you to
the witness stand, keep in mind that a witness
who has to fumble through his notes, or read
verbatim from a report when asked about
important events, is not very forceful
or effective.
68. Invoking the rule
Once the rule has been invoked, you must be certain to abide
by the rule as well. You are not to discuss your testimony or the
testimony of any other witnesses with any other person who
may testify. You are not free to discuss testimony after that
particular witness has testified, as the rule endures throughout
the trial of the case. If you violate the rule, valuable testimony
for your case may be excluded during the trial.
69. • Dress neatly and conservatively
• Class A’s if you have them
• Leave your flashy accessories at
home
• Questions should be answered
“Yes,sir” “no, sir” or with as little
extra information as possible
• Your job is to answer truthfully
and not offer up more
information than what is
requested
70. • Be attentive.
• Listen and give proper response
• You shouldn’t appear bored or
annoyed
• Don’t chew gum
• Keep you hands away from your
mouth
71. Use good posture, do not slouch.
“These next few questions may make you a
little uncomfortable. I hope they do. You
look way too comfortable.”
72. Take your time and speak clearly and loudly. Give the
question such thought as it requires to understand it.
The juror farthest from you should be able to hear
distinctly what you have to say.
Since all testimony is
recorded, do not nod your
head "yes" or "no".
Pause before answering
questions to give prosecutor
time to object if needed.
73. Be aware of hallway conversations and interactions
Be serious in the Courtroom.
Avoid joking and wisecracks in
the jury's presence.
75. Never ask the Judge if you have to answer.
This will give the jury the impression that
you are something back.
You are on your own.
If you do not understand a question, ask that it be explained
Avoid "volunteering" information.
Answer all questions directly.
You do not have to answer STATEMENTS, only QUESTIONS
Do not look at the Prosecutor for help.
77. Do not lose your temper. Some
attorneys may attempt to wear you
down so that you will lose your
temper and say things that are not
correct.
Do not fence or argue with
the attorneys. They have a right to
question you, and many are very
expert in this craft. OK, OK, you’ve
made your point.
I’ll admit that
sometimes when I
feel threatened, I
snap”
79. BEWARE of questions asking if you are willing to swear
to your version of the events. You were "sworn" to tell
the truth when you took the stand, do not be afraid of
saying so.
BEWARE of questions involving distance and
time. If you make an estimate, make sure that
everyone understands that you are estimating.
80. BEWARE of questions asking if you have spoken to
the Prosecutor, the witnesses, or other officers. If you
have, admit it freely. This preparation before trial is
expected in each case. If you are asked if you talked
with the Prosecutor about your testimony, admit that
you met with him, talked about the case and he
instructed you to tell the truth.
81. BEWARE of the simple question, "Why are you here today?" You are
not here to volunteer information in order to convict. You are not an
advocate. You are an unbiased witness. You appeared at trial in
response to being served with a subpoena issued by the Court Clerk.
BEWARE of questions asking why you don't like the defendant. You
may best respond by stating that you feel sorry for any man in
trouble, but you must tell the truth, and if the defendant is guilty, he
should be convicted.
BEWARE of questions asking you if another witness was telling the
truth or lying. You can only tell the truth based upon your
observations. You have no way of knowing what another person
observed, especially when you did not hear that person testify.
82. At 2140 hours the perpetrator exited the
northeast door of the motor vehicle and
started flight with responding officers in
pursuit, resulting in apprehension.
"At twenty till ten, the defendant got out of his
car from the passenger side and ran, but was
chased and caught by other officers."
Do not use "legalese" or police "lingo" just for
the sake of impressing the jury. I
83. The most effective witness is one
who can tell their story
comfortably. Just tell the truth
and be yourself. Everything else
will take care of itself.
84. BE YOURSELF AND ALWAYS TELL THE TRUTH
BE PREPARED - KNOW THE CASE
Know all reports and prior statements/depositions
Know the role of other officers/witnesses in investigation
Review physical evidence; visit crime scene
Meet with Prosecutor
LOOK GOOD, SOUND GOOD, BE GOOD
Professional, unbiased, courteous. Have confidence.
If you look and sound like a bad cop, you must be a bad cop.
Subject – tells who or what does or is something
Direct object – tells what is sold
Indirect object – tells to whom is fed
Obj of a preposistion – Tells what the object of the preposition is over
Adverb: Tells When
Adjective: tell what kind or which one
Possessive: shows ownership or possession
He replaces Police Officer and Them replaces scenarios. The word being replaces is called the Antecedents. Police officer is the antecedent of He and Scenarios is the antecedent of them.
Personal pronouns can serve as the subject of a sentence, object of a verb or preposition, to show possession, provide emphasis, or refer an action back to a subject.
Adjectives – the provide information about the words they modify by answering the questions : what kind? How many? How Much?
Adverbs – answers the questions When? Where? How? Or How much? They describe an action or state of being in greater detail.
Write plainly so that the facts are show clearly- a variety of persons may be reading your report but your job is not to impress them with your large vocabulary
Get the facts out – clearly- completely- with out opinions or hunches or fluff.
DL video of green haired guy giving description of car crash
The first exclusion The second exclusion The third exclusion
Court room procedures/ defense attorney tactics
Rest seizure date to hearing - $ requested
Hearing date- appeal date - $ money back with appeal bond – Separate amount
What is the defense attorney going to do to your report if there is information in it it may prove their client is guilty?
Diligent investigation and Preparation is the key to any successful prosecution in a
criminal case. Adequate documentation
is essential.
The defense attorney will expect all relevant facts to be documented. All reports, statements or other evidence in the case should be brought to the attention of the Prosecutor well in advance of trial so that he may adequately comply with discovery orders.
The Court may exclude from the trial any evidence when the defendant is not notified before trial of its existence.
