Report Accuracy and Officer Misconduct
Sergeant Brennan is reviewing a domestic battery report before end of tour. Officer K wrote that the victim 'declined medical attention and had no visible injuries.' The body-worn camera footage shows the victim with a red mark on her neck asking for an ambulance, and K saying, 'You're fine, we'll just get a report.' The footage also shows K telling the suspect, 'You know how she gets.' K's report does not mention that statement. K has one prior sustained complaint for discourtesy. K tells the sergeant, 'Can you just fix the wording before it goes up? I don't want another complaint.' The lieutenant is off duty and the watch commander is on another scene. The report is due in the system before 0700. The victim has called the station twice asking about an ambulance. The suspect is not in custody.
1. Should Brennan approve the report? What corrections, notifications, and victim actions are required?
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Brennan should not approve the report as written. The report is inaccurate in two material ways: the victim did not decline medical care, and the officer omitted his own comment to the suspect. The first is a factual error that affects medical care and the domestic battery investigation; the second may be evidence of bias or misconduct.
Brennan can return the report to K for correction, but he must not suggest wording that minimizes the conduct. He should tell K to write what happened, including the ambulance request and the comment, and he should document the discrepancy between the report and the BWC. He should preserve the BWC footage immediately and make sure the victim receives EMS. He should notify the watch commander and, under the directive, Internal Affairs or the appropriate investigative body. The victim's two calls should be documented. The suspect is not in custody, so the sergeant should consider a warrant or further investigation. The prior complaint is relevant to discipline but not determinative.
Reasoning: a supervisor's signature certifies accuracy; approving a known false report exposes the department and the victim.
2. How should Brennan respond when K asks him to 'fix the wording'?
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When K asks Brennan to fix the wording, Brennan should refuse clearly. He can explain the difference between correcting a typo or a date and changing a substantive fact. He should not edit the report himself to say the victim declined care, and he should not tell K to leave out the comment.
If K wants to add a supplemental report, that is appropriate; it must be truthful and labeled as a supplement. Brennan should advise K that the BWC exists and will be reviewed, so a false statement will likely be discovered. He should offer K the opportunity to provide a statement, with union representation if requested, but he should not coach the statement. The original report and the BWC should be preserved; the supplemental should explain any correction. If K refuses to correct the report, Brennan should document that and forward it.
Reasoning: the sergeant's job is to get the truth into the record, not to protect an officer from a complaint.
3. The lieutenant later says, 'Just counsel him and leave it at that.' What should Brennan do?
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If the lieutenant says to counsel K and leave it at that, Brennan should explain why that is not enough. Counseling can address performance, but it does not address a potentially false report, a failure to obtain medical care, or a biased comment.
Brennan should make the required notifications even if the lieutenant disagrees, and he should document the lieutenant's instruction and his own objection. He should not retaliate against K, but he should not let K work the domestic violence investigation alone. If the lieutenant orders him to change the report or suppress the BWC, Brennan should escalate to the next command and seek advice from the department's legal or internal affairs unit. The victim should be contacted and offered services.
Reasoning: the duty to report misconduct is not discretionary, and a supervisor who follows an unlawful instruction becomes part of the problem.