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 statementtaking procedures shall be observed:
A.

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.

B.

Statements shall be taken from principal 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.

C.

The reason for not taking a statement shall be documented

in the offense report.

D.

Statements shall not be taken by preliminary investigators,

at the scene, from suspects in cases involving homicide,
potential homicide, robbery, forcible rape, or any other case
in which a Criminal Investigation Division (CID) standby
team has been called out to handle the preliminary and/or
follow-up investigation. In all other cases, including arrests
for possession of narcotics or prostitution, 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.

E.

With the approval of a field supervisor, exceptions to the

above procedures may be made under the following
conditions:

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REPORT WRITING MANUAL

OAKLAND POLICE DEPARTMENT

F.

1.

If there are unusual circumstances where

admonishment and interviewing of the suspect at the
scene might impede the follow-up investigation.

2.

If there are exigent circumstances requiring that a

statement be taken from a suspect in one of the
excepted felonies.

The statement-taking process shall be documented in the

narrative section of the arrest or the appropriate offense
report. The report shall:
1.
2.
3.

II.

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Fully identify the witness or suspect;

Include a brief summary of the information obtained;
and
Indicate the name and serial number of the member
taking the statement or present when the statement
was taken.

G.

Persons involved in the same incident should be separated

until individual statements have been obtained.

H.

In officer-involved shooting incidents, 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.
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.

D.

To enable the prosecution to plan its presentation by

reducing the element of surprise that unforeseen testimony
would introduce.

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REPORT WRITING MANUAL

OAKLAND POLICE DEPARTMENT
III.

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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 either 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 on the arrest
report by the exact words used by the arrestee.
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 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 following notation in the
narrative section of the arrest report (if in custody) or on the
offense report (if not in custody):
ADMONISHED/SUSPECT WAIVED RIGHTS

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OAKLAND POLICE DEPARTMENT

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If the person expressly indicates that he/she wants an

attorney and no longer wishes to talk, questioning must
cease.
a.

Record the persons refusal verbatim on the

Statement form and ask the suspect to initial
his/her refusal.

b.

Make the following notation in the narrative

section of the arrest or 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.

c.
B.

Include the initialed Statement form with the

report.

If an adult suspect is not to be interviewed immediately or

asked to provide a written statement, and is therefore not
admonished, make the following notation in the narrative
section of the arrest or 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 in cases involving homicide,
potential homicide, robbery, sexual assaults, or any other
case in which a Criminal Investigation Division (CID) standby

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OAKLAND POLICE DEPARTMENT

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team has been called out to handle the preliminary and/or

follow-up investigation.
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 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.

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OAKLAND POLICE DEPARTMENT

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COMPLETION OF FORM (536-200-1)

The Statement form is the only form used to document statements.
Statements shall not be recorded on narrative pages of offense
reports.
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
Citizens Arrest
Section

Complete in accordance with the provisions of Part III,

Admonition and Waiver of Rights Section above.
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-printed X below the
citizens arrest attestation.

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OAKLAND POLICE DEPARTMENT
Statement
Section

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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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OAKLAND POLICE DEPARTMENT

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STATEMENT CONTINUATION
(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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