A police officer made incorrect statements on my police report. How do I correct these?

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There was a dispute between my boyfriend and I and ultimately, he destroyed my $500 phone. I filed a report to make sure he would be liable, and that I would receive a new phone regardless of whether he admitted it or not. The officer I spoke to was extremely rude, and I just saw the report today and it was not true in any way! The officer stated that my boyfriend had assaulted me at a gas station in a town that I was never in. I told the officer that we had been drinking and he pushed me onto the bed to get the phone out of my hand so I wouldn't call somebody to leave the house, and she asked if I wanted to press charges for assault and I said no. I told her that I was only reporting it so my phone would be replaced, and now he's going to get into trouble for something he didn't do.

Attorney Answers

4
L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
Not sure why you would think you could correct the police report, or why you would want to do so. Under general principles of law, police reports are themselves hearsay and are not admissible in evidence. A litigant can put the police officer on the stand and subject him to cross-examination, and individual statements within the report may be admissible under various exceptions to the hearsay rule. But a police report, under general principles of law, is an out-of-court statement, and as such constitutes hearsay. Not legal advice as I don't practice law in Michigan. It's just my two cents on the facts you describe in light of general principles of law. If you need legal advice, please consult a lawyer who holds Michigan licensure. That's not me. Good luck.
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Barry Poulson ·
Attorney Taylor is correct, and I see no special provisions of Michigan Law that undercut what he has suggested. If your issue is insurance, you have made a proper police report. Reports often have errors. If you were trying to make a call, your boyfriend may have committed a crime by interfering with telecommunications, much as he would have if he had ripped and old-style phone out of the wall. If the phone was in your hands, he may have comitted other crimes, but otherwise, it looks like malicious destruction of property over $200 but under $1000, a misdemeanor. Once the issue is in the hands of the police, the prosecutor may decide to bring charges. As long as YOUR report was accurate, you have not committed any crime.
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Andrew Lapres ·
I have worked extensively with police. There isn't much that annoys them more than to be called out to a complaint where two drunk people air out their ridiculous drunken argument, all the while stating that they were assaulted (pushed onto a bed) and their property was damaged, only to ultimately state that they don't want to press charges (and they knew that when they called 911). The police and 911 dispatchers have more important things to do than referee people and their...stuff. The assault at a gas station could've been something that the officer mixed up inadvertantly from another report, but the gist of your complaint is there. Police don't like their time wasted anymore than you do. Cell phone insurance policies typically do not require a police report, unless the phone was stolen. This is because you have to pay a deductable for the new phone that's worth more to the cell carrier than the phone is, so the broken phone is the evidence. So technically, you did report an assault (shoving you) and a destruction of property. When you call the police, they will come and they will take it seriously. However, it will be your word against the police statement whether or not the gas-station event took place (unless, of course, the officer was wearing a microphone). You cannot change the report. You can only challenge the truth of what's contained in it. You should consider the police officer's standpoint in this as well before you get too upset with them. Good luck.
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Jules Fiani ·
TELL YOUR BOYFRIEND TO HIRE A LAWYER. Let me know if you have any further questions, Jules N. Fiani Attorney at Law Since 1978 810-227-7200 jnfiani.com
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