In my series on evidence, we’ve discussed digital trails like CAD logs and 911 calls. But the most common document you will encounter is the Incident Report. It is usually what the prosecutor obtains and bases the decision whether to charge someone (or not).

While a CAD report is a “live” log of events, the incident report is the formal, written narrative prepared by the officer after an arrest. Because the “State” will certainly have this document the prosecutor will provided it to the defense almost immediately (and by Missouri Rules – not later than 14 days after the defense requests it).

What Information is Captured?

A standard incident report in Missouri typically includes:

• Basic Incident Data: The exact date, time, and specific location of the encounter.
• Party Information: Full names and contact details for drivers, passengers, victims, and witnesses.
• The Officer’s Narrative: A plain-language summary of what the officer believes happened.
• Contributing Factors: Standardized codes indicating what the officer thinks caused the incident (e.g., speeding or impairment).
• Citations Issued: A list of all traffic tickets or formal charges filed at the scene.

A redacted example of an incident report is located here.

The info can only help you if you review it; and it can hurt you if you don’t

The incident report is rarely the “final word,” but it may be the final work law enforcement might do on your case — before they move on to the next case. This can be useful for the defense because it is really an officer’s interpretation of events, and it is often prone to errors. We use these reports to:

1. Spot LEO Inconsistencies: It is important to compare the officer’s written narrative against the real-time CAD timestamps.
   • For example, if the narrative says a search took five minutes but the CAD logs show it lasted thirty, we have a constitutional argument to suppress evidence.
2. Identify LEO exclusions. It is imporant to compare your recollections with what the officer writes.
   • For example, if you remember three law enforcement vehicles at the scene (one from the county and two from the city) and recall a K9 (dog) having walked around your vehicle, but the incident report does not mention another officer or a K9, this can be significant.
3. Challenge “Hearsay” Conclusions: Missouri courts often exclude an officer’s “faulty conclusions” in their incident reports at trial because the officer was usually not an eyewitness to the start of the event. The witness statements in the incident reports are hearsay.
4. Identify Missing Witnesses: Reports sometimes “cherry-pick” statements. Looking at the report with an eye to who the officer didn’t talk to can be essential.
5. Audit the “Probable Cause”: We look for “mismatches” between the physical evidence (photos, items seized, etc.) and the officer’s written claims to challenge the legal basis for your arrest.

Important Tip: Don’t let mistakes in a report become “facts.” Read your report carefully and compare it to your own memory. If you see a mismatch, schedule a meeting so we can document the discrepancy before your court date.