What if the Police Don't Register a Complaint Report?

The scenario where a complaint report is not registered by the police is a concerning issue for many individuals. Especially in situations where there is a violation of a court-ordered agreement or a misdemeanor that requires reporting. Here, we explore the legal framework and steps one can take if the police refuse to register a complaint report.

Understanding Police Reporting Procedures

In the context of law enforcement in the USA, it is essential to understand the different types of offenses and the police's responsibilities in registering a report. A cognizable offense is one that the police are obliged to investigate, regardless of whether there is an informant or not. This involves crimes such as assault, murder, or theft, where the police have no choice but to register and address the complaint.

In contrast, a non-cognizable offense is one that police can choose to investigate based on available evidence or information. These may include petty offenses such as disturbing the peace, where the police may not automatically intervene but can still accept a complaint report.

How to Take Action if the Police Do Not Register a Report

When the police do not register a complaint report, it's crucial to understand that there are several steps you can take to ensure your concerns are properly addressed. This process often involves a series of steps to create a legal and documented record.

Creating a Paper Trail

One method to ensure the police take your complaint seriously is to create a paper trail. This can be achieved by directly telling the police that: There is a domestic problem where a violation of a court order is happening. Calling the police and mentioning a specific offense can compel them to act. Following up with the police and requesting a written acknowledgment of your complaint. These actions can help in building a documented case that can be presented to a judge if needed.

Filing a Private Complaint

In situations where the police are not responsive, you can file a private complaint before a magistrate. A magistrate can investigate the matter and decide whether to file a report with the police. This step ensures that your complaint is not overlooked.

Understanding the Legal Framework and Programs

There are specific programs and policies in place that the police and government agencies must follow. These include the UCR (Uniform Crime Reporting) program and Compstat (Comparison and Statistical Analysis).

UCR Program

The UCR program gathers statistics on crimes reported to law enforcement agencies. This information is used to analyze crime trends and develop strategies to address them. By reporting a crime, you contribute to this database, which can be crucial in demonstrating the prevalence of a particular issue.

Compstat

Compstat is a management tool that focuses on gathering data and using it to reduce crime. It involves regular meetings to review crime data and allocate resources accordingly. By reporting a crime, you ensure that it is included in these statistics and can help law enforcement focus on specific areas.

What to Do if the Police Agency Does Not Act on a Report?

If you believe the police agency has not acted on your report, there are several steps to consider:

Communication and Reporting

Stay in communication with the police agency, using their chain of command to escalate your concerns. Speak directly to a supervisor to ensure that your complaint is being properly addressed.

By keeping the lines of communication open, you can ensure that your concerns are not ignored.

Incriminating Evidence

While you should not interfere with any ongoing police investigation, you can gather additional evidence to support your case. This may include:

Video recordings of the incident. Hire a private investigator to document the details. Present the evidence directly to the state attorney or procuratorial authority.

This step can provide a more comprehensive picture to the authorities, increasing the likelihood that your case will be taken seriously.

Preventing Obstruction

It's important to avoid obstructing any ongoing police investigation as this can lead to legal consequences for yourself.

Conclusion

The scenario where a police report is not registered can be frustrating, but there are steps you can take to ensure your concerns are addressed. Creating a paper trail, filing a private complaint, and gathering additional evidence are all effective methods to ensure your complaint is formally documented and addressed by the appropriate authorities.

Disclaimer

It is important to note that I am not an attorney nor offering legal advice. For specific legal issues, please contact a licensed attorney.

For further information on UCR and Compstat programs, please see attached documents.