Report Writing, Records, and Court Testimony
This domain tests report content, records handling, discovery obligations, and credible courtroom testimony.
Core rules
- Reports should be first person, past tense, chronological, factual, and complete. Include date, time, location, persons, witnesses, evidence, observations, statements, Miranda warnings, use of force, injuries, medical aid, and disposition.
- Separate observation from conclusion. Write 'I observed slurred speech and an odor of alcohol' rather than 'the driver was drunk.' Use direct quotes for admissions when possible.
- Correct errors with a single line, initials, and date. Do not erase or use correction fluid. Later information goes in a supplemental report.
- Records may be subject to the Inspection of Public Records Act (NMSA 1978, § 14-2-1 et seq.) and criminal discovery under NMRA 5-501. Do not destroy notes or drafts that may be discoverable.
- Testimony must be based on personal knowledge. Review the report before testifying, but do not read from it unless permitted. 'I don't know' and 'I don't recall' are acceptable answers. Explain technical terms plainly.
Worked example
A DWI report states: 'I observed the vehicle cross the fog line twice. I activated emergency equipment. I smelled a strong odor of alcoholic beverage from the driver's breath. The driver's eyes were bloodshot and watery, and speech was slurred. The driver said, I had two beers. I administered HGN, WAT, and OLS and observed six, four, and two clues. The driver refused the breath test. I arrested and transported.' This report gives specific facts supporting reasonable suspicion and probable cause. A conclusory report saying 'the driver was intoxicated' would be weaker and easier to impeach.
Traps that cost marks
- Writing conclusions without supporting observations.
- Omitting exculpatory or inconsistent statements.
- Destroying field notes after writing the report.
- Testifying beyond personal knowledge or guessing to appear confident.