Burden of Proof for a False Police Report

[blakeBelow0]

What is the name of your state? Illinois

Hello,
My brother in law reported to the police that I was in possession of a stolen motorcycle, which he knew wasn't stolen (it is mine and registered to me). The matter was investigated and they obviously found that it was not stolen. Before I take the time to go after him for filing a false report, I'd like to know the state's burden of proof. Do they have to prove that he in fact knew that it wasn't stolen (which seems to me to be nearly impossible) or do they just have to prove that there is no reasonable cause for him to think that it was stolen?

Thank you in advance!
B

 

[quincy]

What is the name of your state? Illinois

Hello,
My brother in law reported to the police that I was in possession of a stolen motorcycle, which he knew wasn't stolen (it is mine and registered to me). The matter was investigated and they obviously found that it was not stolen. Before I take the time to go after him for filing a false report, I'd like to know the state's burden of proof. Do they have to prove that he in fact knew that it wasn't stolen (which seems to me to be nearly impossible) or do they just have to prove that there is no reasonable cause for him to think that it was stolen?

Thank you in advance!
B

The report must be made with knowing falsity - "has actual knowledge of the information and acts in deliberate ignorance of the truth or falsity of the information or acts in reckless disregard of the truth or falsity of the information."

See: http://illinoiscourts.gov/R23_Orders/AppellateCourt/2012/1stDistrict/1110709_R23.pdf

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2058&ChapterID=57

 

[HighwayMan]

Just how are you going to "go after him" for that?

Based upon my experience, if the investigation was concluded fairly quickly the police won't really care too much.

 

[blakeBelow0]

The report must be made with knowing falsity - "has actual knowledge of the information and acts in deliberate ignorance of the truth or falsity of the information or acts in reckless disregard of the truth or falsity of the information."

See: http://illinoiscourts.gov/R23_Orders/AppellateCourt/2012/1stDistrict/1110709_R23.pdf

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2058&ChapterID=57

So, based on this, it is within anyone's legal right to file a report that any random person is in possession of a stolen vehicle if i haven't actually seen the registration for it?

 

[quincy]

Generally the police will not pursue a charge of filing a false police report unless the police have expended a lot of time and money in their investigation of the report.

For example, in cases where a report of a child abduction is filed knowing there was no abduction the police may pursue charges. A well-known case is the "balloon boy" case where the parents falsely reported their hot air balloon flew away with their son on board. This turned out to be a publicity stunt.

The reason criminal charges are not filed more often against false reporters is that the police do not want to discourage people from reporting what they see, hear or suspect might be a crime. If people fear they might be charged with a crime if what they report turns out to be false, they will be reluctant to make a report.

Police reports are, therefore, covered by a qualified privilege or immunity from suit. The privilege can only be defeated with proof that the report was made with knowledge of falsity and with malice.

 

[blakeBelow0]

Just how are you going to "go after him" for that?

Based upon my experience, if the investigation was concluded fairly quickly the police won't really care too much.

By "go after him" I mean take the time to go to the police station and file a report of my own. There is a history with him, he busted in my door and attacked me several months ago, and this case was just resolved a few weeks ago. This was reported right after he and my sister had their first argument since that incident occurred.

 

[PayrollHRGuy]

If you feel a crime was committed you have every right to report such crime to the police. But keep in mind that the police have limited resources.

 

[blakeBelow0]

Generally the police will not pursue a charge of filing a false police report unless the police have expended a lot of time and money in their investigation.

For example, in cases where a report of a child abduction is filed knowing there was no abduction the police may pursue charges. A well-known case is the "balloon boy" case where the parents falsely reported their hot air balloon flew away with their son on board. This turned out to be a publicity stunt.

Well that is a little frustrating. Normally I wouldn't be so petty as to pursue something like this, but I feel this is going to happen again and I would really like to avoid the future inconvenience of it. Especially since he is currently on supervision for the last incident.

 

[HighwayMan]

By "go after him" I mean take the time to go to the police station and file a report of my own.

Be my guest. Don't expect much to come of it though.

There is a history with him, he busted in my door and attacked me several months ago, and this case was just resolved a few weeks ago. This was reported right after he and my sister had their first argument since that incident occurred.

And how was that case resolved?

 

[quincy]

Well that is a little frustrating. Normally I wouldn't be so petty as to pursue something like this, but I feel this is going to happen again and I would really like to avoid the future inconvenience of it. Especially since he is currently on supervision for the last incident.

You are free to make a report. Your report is covered by the same qualified privilege as your brother in law's was.

Perhaps you and your brother in law should "separate." Try to avoid all contact with him if contact is causing problems.

 

[blakeBelow0]

Be my guest. Don't expect much to come of it though.



And how was that case resolved?

I have already spoken with the sheriff's office and they weren't exactly helpful, which is one of the reason's I was looking for more information. To see if it would be worth my time.

He plead to domestic battery and was given 12 months supervision and counseling.

 

[quincy]

I have already spoken with the sheriff's office and they weren't exactly helpful, which is one of the reason's I was looking for more information. To see if it would be worth my time.

He plead to domestic battery and was given 12 months supervision and counseling.

Apply for a restraining order if you and your brother in law cannot resolve your issues amicably.

Good luck.

 

[blakeBelow0]

Generally the police will not pursue a charge of filing a false police report unless the police have expended a lot of time and money in their investigation of the report.

For example, in cases where a report of a child abduction is filed knowing there was no abduction the police may pursue charges. A well-known case is the "balloon boy" case where the parents falsely reported their hot air balloon flew away with their son on board. This turned out to be a publicity stunt.

The reason criminal charges are not filed more often against false reporters is that the police do not want to discourage people from reporting what they see, hear or suspect might be a crime. If people fear they might be charged with a crime if what they report turns out to be false, they will be reluctant to make a report.

Police reports are, therefore, covered by a qualified privilege or immunity from suit. The privilege can only be defeated with proof that the report was made with knowledge of falsity and with malice.

Thank you, this is was i was looking for. I feel that I can offer enough proof to satisfy that he had no reasonable cause to think that it was stolen, but not that he knew for sure.

 

[quincy]

If you think it is helpful to pursue this then I wish you luck.

 

[blakeBelow0]

You are free to make a report. Your report is covered by the same qualified privilege as your brother in law's was.

Perhaps you and your brother in law should "separate." Try to avoid all contact with him if contact is causing problems.

Yes, I actually haven't had any contact with him at all since the incident in Nov. But he is somehow blames me for that, and I'm guessing this was an attempt to get back at me, since he and my sister were back at odds. I only wanted to pursue it to offer a deterrent from any future actions.