Is a police officer's post-interrogation report valid for the purpose of recording a defendant's statements?

California, United States of America


The following excerpt is from People v. Nauta, G051313 (Cal. App. 2017):

To be sure, a prosecutor's bald assertion that the "otherwise recorded" exception to the requirement a defendant's statements be viewed with caution is satisfied by a police officer's post-interrogation report memorializing what the defendant said constitutes a misstatement of the law. As explained in People v. Gardner (1961) 195 Cal.App.2d 829, "the main reason for the rule is the inability of a person to repeat exactly the words of another person" because "it may be misapprehended by the person

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