REPORT WRITING MANUAL

OAKLAND POLICE DEPARTMENT

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STATEMENT
(536-200-1 / 2)

I.

INTRODUCTION
Accurate and complete statements are vital to the criminal investigation and prosecution
process. The District Attorneys Office normally will not issue a complaint until
statements have been taken from victims, witnesses, and cooperative suspects.
Frequently, the only opportunity to obtain a statement in a timely manner occurs during
the preliminary investigation. Therefore, during the preliminary investigation, the
following statement-taking procedures shall be observed:

II.

POLICY
A.

During the preliminary investigation, statements may be taken in either of the

following manners, except for child abuse victims or victims of sexual assault:
1.

Written; or

2.

Personal Digital Recording Device (PDRD.)

a.

B.

Personnel if the victim or witness does not want to be on video but

is willing to provide an audio statement. Personnel may redirect
the camera and obtain the statement as audio only.

Child Abuse or Sexual Assault Victim Statements

During the preliminary investigation, PDRD statements shall not be taken from
child abuse victims or victims of sexual assault, except under one of the following
conditions:

C.

1.

Upon approval by an investigator; or

2.

Under exigent circumstances.

The following statement-taking procedures shall be observed:

1.

Statements shall be taken from complainants in all assault or private

person arrest cases. This includes domestic violence cases, even if the
victim does not desire prosecution.

2.

Statements shall be taken from percipient witnesses. Reasonable judgment

should be used in determining the number of statements to be taken if
there are numerous witnesses. The selection of witnesses should include
those offering information from opposing viewpoints.

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3.

4.

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The reason for not taking a statement shall be documented in the offense
report. Reasons include, but are not limited to, an excepted crime, at the
direction of an investigator, supervisor or commander, subject unable due
to medical condition, unsafe conditions or a language barrier.
Statements shall not be taken by preliminary investigators from suspects in
cases involving:
a.

Homicide;

b.

Potential homicide;

c.

Forcible rape;

d.

Robbery when a Criminal Investigation Division (CID) team has

been called out; or

e.

Any other case in which a CID team has been called out to handle
the preliminary and/or follow-up investigation.

In all other cases, statements should be taken when the suspect has been
admonished and has waived his/her right to refuse an interview. Suspect
statements are especially desirable when the likelihood of the suspect
being referred to an investigator is remote.
5.

6.

With the approval of a field supervisor, exceptions to the procedures

specified in Part II, C, 1-4 may be made under the following conditions:
1.

If there are unusual circumstances where admonishment and

interviewing of the suspect at the scene might impede the followup investigation.

2.

If there are exigent circumstances requiring that a statement be

taken from a suspect in one of the statement exceptions specified
in Part II, C, 4, a-e.

The statement-taking process shall be documented in the appropriate

offense report. The report shall:
a.

Fully identify the victim, witness or suspect;

b.

Include a summary of the information obtained in the statements;

c.

Indicate the name and serial number of the member or employee

taking the statement; and

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d.

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Indicate whether a written and/or PDRD statement was taken.

NOTE: Solely writing See Statement, with no details regarding the

incident is not acceptable.

III.

7.

Persons involved in the same incident should be separated until individual

statements have been obtained.

8.

In officer-involved shootings, in-custody deaths and vehicle pursuit

related death incidents, written or PDRD statements shall be taken from all
persons present at the scene or contacted during the canvas of the area,
even if they did not witness the incident.

USEFULNESS OF STATEMENTS
Statements continue to remain useful even after a case is charged:

IV.

A.

To provide a written record for the case file.

B.

For use at the trial to refresh recollection, impeach witnesses, and monitor the
testimony presented.

C.

To discourage a witness from changing his/her testimony at the trial; and

D.

To enable the prosecution to plan its presentation by reducing the element of

surprise that unforeseen testimony would introduce.

ADMONITION AND WAIVER OF RIGHTS

Miranda applies the same to juveniles as adults. Custodial interrogations may not occur
until the suspect has been admonished and has waived his/her rights to refuse an
interview. A juvenile does not have the right to have an adult present, and any request
for one is not automatically an invocation of the right to silence or the right to an
attorney.
If a suspect initially waives these rights and subsequently indicates that he/she no longer
wished to talk, the interview must cease immediately. However, voluntary, spontaneous,
and incriminating remarks by suspects shall be recorded verbatim in all cases.
Miranda invocations (refusals) shall be documented by the exact words used by the
arrestee, in the narrative of the Probable Cause Declaration (electronic) or on the
Consolidated Arrest Report (hard copy.)
Admonished/Suspect Refused alone is not acceptable and shall not be used to
document refusals. Follow-up investigators must be aware of the exact language the

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arrestee used in response to the Miranda admonishment in order to determine the

lawfulness of initiating any further custodial interrogation of the arrestee.
The Miranda admonition shall be documented as follows:
A.

After reading the admonition from the Statement form and prior to interviewing
or taking a statement from a person considered to be a suspect in a criminal
offense, read the question of, Do you understand each of these rights I have
explained to you?
Record the suspects answer verbatim. Ask the suspect to initial his/her
response on the line next to the question. If the person waives his/her rights under
Miranda, but refuses to initial his/her response, continue with the interview.
If the person indicates he/she understands the admonition as read and expressly or
impliedly wishes to talk, proceed with the statement. Make the notation, in the
narrative section of Probable Cause Declaration (electronic) or on the
Consolidated Arrest Report (hard copy), if in-custody. If not in-custody, make
the notation in the Offense Report.
ADMONISHED/SUSPECT WAIVED RIGHTS
If the person expressly indicates that he/she wants an attorney and no longer
wishes to talk, questioning must cease.
1.

Record the persons refusal verbatim on the Statement form and ask the
suspect to initial his/her refusal.

2.

Make the notation, in the narrative section of Probable Cause Declaration

(electronic) or on the Consolidated Arrest Report (hard copy), if incustody. If not in-custody, make the notation and response in the Offense
Report.
ADMONISHED/SUSPECT REFUSED,
and the verbatim response, such as,
I want a lawyer.
I dont have anything to say to you right now.
I dont know anything so leave me alone!
I dont have anything to say about the robbery.

3.
B.

Include the initialed Statement form with the report.

If an adult suspect is not to be interviewed immediately or asked to provide a

statement, and is therefore not admonished, make the following notation in the

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narrative section of Probable Cause Declaration (electronic) or on the

Consolidated Arrest Report (hard copy), if in-custody. If not in-custody, make
the notation in the Offense Report.:
SUSPECT NOT ADMONISHED/NO INTERVIEW
C.

Statute requires an officer to give the Miranda warning in any case where a
juvenile is taken into temporary custody. The advisement must be given within
a reasonable time after the juvenile is taken into temporary custody.
This requirement exists even when the juvenile is not going to be interviewed. If
the minor is not going to be interviewed, the statute does not require the juvenile
to understand the warnings or any waiver of rights, but rather just the advisement.
Statements shall not be taken by preliminary investigators, at the scene, from
juveniles as specified in Part II, C, 4, a-e.
Document the advisement in the Juvenile Record or offense report.
Make the following notation and document the verbatim response in the narrative
section of the Juvenile Record and/or Offense Report:
ADMONISHED/ADVISEMENT ONLY or WAIVER NOT SOUGHT
Responses such as the following do not constitute an invocation:
I want to see (or talk to) my parents.
I want by mom here when you talk to me.
I want to see (or talk to) my probation officer.

V.

TAKING PDRD RECORDED STATEMENTS

The use of PDRD recording devices in a preliminary investigation allows for quick and
accurate documentation of statements and provides evidence for investigative and
prosecutorial purposes. Additionally they document a persons voice, overall demeanor
and physical appearance.
A.

When personnel decide to use a PDRD to take a statement, prior to taking a

statement they shall:
1.

Determine if the location is suitable for conducting a recorded statement.

Ideally the location should be quiet enough that external noise does not
interfere with the ability to clearly hear the voices of the member or
employee and the subject and has enough light to capture images, if using
an audio/visual recording device.

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2.

Check the device to ensure it is functioning properly prior to taking a

statement. For PDRDs, this may include performing a function check in
addition to the pre-shift function check, unless the PDRD is already
recording due to a required activation as specified in DGO I-15.1 and
continued recording is required.

3.

Attempt to determine, based on prior usage, that the recording device has
sufficient memory/space available to complete the statement.

4.

Attempt to determine if there is sufficient battery life, based on prior usage

or battery indicator, to complete the statement.

5.

Place or hold the recording device in a location the member or employee

believes will best capture the interview.

6.

For victim or witness statements only, when PDRD activation is not

required, personnel shall advise or obtain consent from the victim or
witness to record their statement. If they refuse to be recorded, personnel
shall take a written statement.

If a member or employee believes they have functional issues with a recording

device or are in a location not conducive to capturing a clear statement they
should opt to take a written statement rather than risk needing to conduct the
statement again or the failure to capture the statement.
B.

For every statement, members or employees shall substantially state the following
on the recording:
1.

The date and time of the statement;

2.

The location where the statement is being taken;

3.

The name of the person taking the statement and the names of any other
persons present during the statement;

4.

The fact that the statement is being recorded (if a witness or victim); and

5.

The Miranda Admonition, if applicable.

If a member or employee determines a follow-up statement is necessary during

their preliminary investigation, they shall repeat the above steps and the steps in
Part C below.
C.

Upon conclusion of the statement:

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1.

Have the subject sign the statement form, if safe to do so (refer to the
Signature portion of Completion of Form below)

2.

If applicable, have the subject initial the Admonition, if safe to do so (refer

to Part IV);

3.

State the end time of the statement; and

4.

Deactivate the recording device.

5.

Re-activate the recording device if required to continue recording as

specified in DGO I-15.1.

Recording the signing of the statement and initialing of the Admonition is not
mandatory but preferable.
D.

Disposition of recorded statements

Statements taken on a PDRD shall be uploaded to the server as specified in DGO
I-15.1. Appropriate notations shall be entered in theVeripatrol system such as
Victim Smith Statement.

E.

Note taking and statement summary

It is imperative that personnel take detailed notes so they may provide a thorough
summary of statements in the offense report without unnecessarily needing to
upload and review PDRD video to complete their report.
The member taking a PDRD statement shall complete either an offense report or a
supplemental report, as appropriate, containing a summary of the recorded
statement. Solely writing See Statement, with no details regarding the incident
is not acceptable.
Notes are not required to be retained after personnel complete their report.

F.

Taking a statement when a PDRD activation and continued recording is required

1.

When activation and continued recording is required by DGO I-15.1, the

PDRD may be temporarily de-activated to take a statement, as specified in
DGO I-15.1.

2.

Personnel shall indicate in their report when written or PDRD statements

were taken when the PDRD was recording more than just a statement.
Recommended notations:
My PDRD was activated prior to and while I took a written statement
from

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I activated my PDRD and later took a recorded statement from

(name) during the activation.

3.

To assist investigators, personnel who elect not to de-activate their PDRD

for statement taking may review their video (unless prohibited by DGO I15.1) and make a notation in their report or in the VieVu comments of the
approximate time statements were taken on the video.
Example: Statement from Doe approximately 8:42 on the recording.
COMPLETION OF STATEMENT FORM (536-200-1)

The Statement form is the only form used to document statements.

Box 1

Enter the name of complainant from the original offense report if the
statement is attached to an offense report. Leave blank if the
statement is attached to a Traffic Investigation Report.

Box 2

Enter the RD# of the offense report pertaining to this statement.

Box 3

Enter the name, sex, race, and date of birth of the person giving the
statement. Check the box indicating the category of person giving the
statement.

Box 4

Enter the residence address and telephone number of the person

giving the statement.

Box 5

Enter the name, address, and telephone number of the place of

employment of the person giving the statement. Also, enter the
persons occupation, work hours, days off, any union affiliation or
local number. If the person is unemployed or transient, list
information that will be helpful in locating him/her at a later date.
Enter such information as his/her usual occupation, drivers license
number, vehicle license number, cell phone number or address and
telephone number of a relative.

Box 6

Self explanatory

Box 7

Self explanatory

Box 8 & 9

The Vehicle Information Section is required for vehicle collisions

only.

Admonition and
Waiver Section

Complete in accordance with the provisions of Part IV, Admonition

and Waiver of Rights Section above.

Citizens Arrest
Section

Write in the Defendants name, date of birth and arrest charge on the
appropriate line. Have the citizen making the arrest sign by the pre-

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printed X below the citizens arrest attestation.

Statement Section

Record all pertinent information, including any elements of the

offense known to the person giving the statement. Review the
statement to see that all pertinent information has been included.
Read the completed statement to the person from whom it was taken
and if the person agrees that the statement is true and correct.
Have the person initial any corrections in the statement narrative. Do
not use white-out or any correction fluid/tape in the narrative section
of the statement.
SIGNATURE: If there is room, draw a diagonal line from the last
line of the statement to the bottom of the unused portion of the
statement section and have the person sign their name on the
diagonal line and write the date on the diagonal line next to their
signature.
If there is no room for a diagonal line, have the person sign their
name and write the date next to, or as close as possible to, the last
word in their statement.
Multi-page statements shall have a signature and date on each page
(on a diagonal line or next to, or as close as possible to, the last word
in their statement.
If the statement was taken verbally, using an audio or video
recording device, then draw a diagonal line through the statement
section and write TAPED STATEMENT on that line. Have the
person giving the statement sign their name and write the date on the
diagonal line.
REFUSAL: If the individual refuses to sign a completed statement,
write, Refused to Sign on the diagonal line Document the reason(s)
for the refusal to sign, if known, in the appropriate offense report and
submit the report in the normal manner.

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STATEMENT CONTINUATION FORM (536-200-2)

Box 1

Enter the name of the complainant from the original offense report.
Leave blank if the statement is attached to a Traffic Investigation
Report.

Box 2

Leave blank unless an RD # has already been assigned to the offense

report.

Box 3

Enter the name, sex, race, and date of birth of the person giving the
statement. Check the appropriate box indicating the category of the
person giving the statement.

Statement Section

Refer to instructions for Statement Section above. Use the Statement

Continuation when the written narrative is too long to fit on a single
page. Ensure the person giving the statement, signs and dates each
Statement Continuation page. Draw a diagonal line from the last line
of the statement to the bottom of the unused portion on the last page
of the statement section. Have the person sign and write the date on
the diagonal line. If there is no room for a diagonal line, have the
person sign their name and enter the date next to, or as close as
possible to, the last word in their statement.

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TAKING A RECORDED STATEMENT GUIDE

STATEMENT INTRODUCTION
Today is _______________ at approximately ___________.
(Month, Day. Year)
(Time, Am/Pm)
My name is __________________ and I am taking a recorded statement from
(Rank, Name, Serial #)
____________
at ___________.
(First/Last Name)
(Location)
ADDITIONAL PERSONS (IF APPLICABLE)
Also present during this statement is/are
________________.
(Names)
IDENTIFYING INFORMATION
Mr/Mrs/Ms________________ can say your first and last name for me?
(Last name)
If needed- Request the person to spell their name.
What is your birthday?
What is your address
What is your phone number?
MIRANDA ADMONITION (IF APPLICABLE)
Before taking your statement I will read you your rights.
Admonition
You have the right to remain silent. Anything you say can be used against you in a court
of law. You have the right to talk to a lawyer and have him present with you while you
are being questioned. If you cannot afford a lawyer, one will be appointed to represent
you before any questioning if you wish one.
Waiver
Do you understand each of these rights I have explained to you?
CONCLUSION OF STATEMENT
Have the person sign the statement form, if safe.
Have the person initial the admonition, if applicable and safe.
I am ending the interview. The approximate time is__________.
(Time Am/Pm)
De-activate the PDRD unless required to continue recording.
If the person refuses to sign the form follow the directions in Completing the
Form. If it not safe to have the person sign the form document the reasons in the
appropriate report.

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