I want to know can an officer refuse to take a report?

Question

My little brother got into a fight where the other boy's dad was there saying ,"go ahead and hit him" My brother is on house arrest so he was trying not do anything and trying to walk away from the situatuation, but the other boy and his dad cam onto the lawn and started calling my little brother names and trying to get him to fight. The police was called and my mom asked to press charges against the dad and the boy, but the officers refused to take the report. Is there anything that my family can do about this. Please help and reply back quickly.
Thanks,
Mary

Answer 1

Absolutely an officer can refuse to take a report. If we had to take paper every time someone wanted us to we would never get caught up.

Not to refer to your situation, I have seen people want reports because they got burnt food at a fast food restaurant and another wanted a report because wild ducks pooped all over their parking lot. Just to name a few unnecessary requests for a report.

If the officer didn't feel there was enough there to substantiate a criminal charge then he can make a decision not to take statements and an incident report.

Answer 2

fr_chuck is incorrect. Even if an officer doesn't believe a crime was committed, they are required to take a report and file it. It not only establishes a history of incidences with the actors in the situation, but it also saves the police from getting into trouble for not doing their job should things esculate to the point of serious injury or death. What your parents can do, depending how long ago this was, and the statute of limitations has not run out, is, go to the police station and ask to speak to a detective. Let the detective know what is going on, he will investigate it, and if he feels an arrest is warranted, he will get a warrant and arrest the father and or son.

Answer 3

Officers have a lot of discretion in certain areas no matter where they serve. Most are not always required to make reports in the way you are thinking. The fact that the officer responded to the call and how he handled it are most likely documented somewhere. It is his decision though on whether or not a crime was committed usually based on the facts and the veracity or truthfulness of the parties involved.

for example the other day I had to talk with a woman who wanted a "report" filed on an ex-friend that was calling her nasty names whenever she went by the apartment. She wanted to "document" the harassment. The other party says she is the one saying nasty things. No crime...no other witnesses, no report. It is documented however, that I actually went there and talked to people and why I was there.

You are always free to talk with an officer's supervisor. But I would suggest that either your mother or brother be the ones to do that since they are the intersted party.

ALAT*** you seem pretty sure of yourself. I have worked in multiple jurisdictions and with the District Attorney's office here. You are making generalizations that might be true for whatever place you work at but are untrue for most of us. Try not trashing someone else's answer just because you THINK you are right. Have you looked at Fr track record?

And PS*** would your Detectives actually have the time to deal with what is most likely a trespass or disordely conduct situation at worst?

Answer 4

Did they say WHY they would not take the report?

In any event, you can call and ask to speak to the officer's supervisor and see what can be done. But there is no law that requires them to take a police report. All the family can do is be adamant about wanting a report. However, keep in mind that unless your brother has witnesses to support his side of the story, the other side might have a different take on what happened. He may not WANT a police investigation if he is on house arrest.

- Carl

Answer 5

If you mean the officer refuses to take charges, there is probably a good reason. Taking a report can mean very little. You are automatically recorded on some form or time clock whenever you are dispatched to any call. The absolute best reason to refuse an accident report is when someone wants the report filed because a shopping cart bumped into their parked car.

Answer 6

If a officer does not beleive a crime occured, they may not do a report. ( and there are all sorts of levels of reports, in most caes he does a incident card on all calls. What you wanted was him to arrest someone, not just do a report I will assume

If you believe it was done wrong you have the right to report this to the officers supervisor.

Answer 7

Name calling is NOT a crime and there is no need to take a report....