Bulletproof

Report Writing
A FIELD GUIDE FOR LAW ENFORCEMENT

Anthony Bandiero, JD, ALM

B l u e To G old L aw E n fo rc e m e n t T r a i n i n g , L LC
S P O K A N E , WA S H I N G T O N
 Page 3

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― Anthony Bandiero

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Table of Contents

Step One: How to Write Police Reports

This Book’s Overall Purpose ...................................................................3
3 Golden Rules for Report Writing ........................................................4
Report Writing Goals ...............................................................................7
RS/PC Pocket Guide .................................................................................8

Pre-narrative Information ..............................................................9

Overview ..................................................................................................10
Top-sheet Information ...........................................................................12
Synopsis....................................................................................................13

How to Write Narratives ...............................................................14

Step One: Write in the First Person .....................................................15
Step Two: Write Chronologically .........................................................16
Step Three: Use Topic Headings ...........................................................17
Step Four: N.E.R.D.S. ..............................................................................20
Step Five: Don’t Write in All Caps .......................................................21
Step Six: Utilize Paragraph Breaks........................................................22
Step Seven: Write in the Active Voice .................................................24
Step Eight: Identify People by Roles, not Names ...............................26
Step Nine: Articulate Conclusions........................................................28
Step Ten: Use Bullet Points....................................................................30

Post-narrative Information ..........................................................32

Summary ..................................................................................................33

Report Writing Checklist..............................................................35

Straight-Forward Method to Writing Police Reports ........................36
Completed Report Checklist .................................................................37
Serious Crime Pre-Report Writing Checklist .....................................38
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Definitions ...............................................................................................40

Step Two: How Did You Get Your Evidence?

Consensual Encounters ..........................................................................44
Knock and Talks......................................................................................47
Requesting Identification ......................................................................50
Consent to Search ...................................................................................51
Consent to Search by Third-Party ........................................................52
Articulating Greater Auth. to Search a Place/Thing .........................53

Investigative Detentions ..............................................................54

Involuntary Transportation...................................................................55
In-Field Show-Ups ..................................................................................57
Unprovoked Flight ..................................................................................58
Anonymous Tips .....................................................................................59
Handcuffing .............................................................................................61
Detentions of Victims or Witnesses ....................................................62
Pat Downs ................................................................................................63
Plain Feel Doctrine .................................................................................64

Homes ...........................................................................................65
Private Searches ......................................................................................66
Serving Arrest Warrant .........................................................................68
Hot Pursuit ..............................................................................................70
Fresh Pursuit............................................................................................71
Imminent Escape ....................................................................................73
Warrantless Entry for Emergency .......................................................75
Warrantless Entry to Prevent Destruction of Evidence ...................76
Drug Buy: Entry with Arrest Team ......................................................78
Protective Sweeps ...................................................................................79

Arrests ...........................................................................................80
Page 6
Collective Knowledge Doctrine ............................................................81
Un-arresting a Suspect ...........................................................................82
Committed in Your Presence ................................................................84
Constructive Possession ........................................................................85

Vehicles .........................................................................................87
Community Caretaking Stop .................................................................88
Consent to Search Vehicle .....................................................................90
Searching Vehicle for Weapons ............................................................91
K9 Free Air Sniff .....................................................................................92
Probable Cause Search ...........................................................................93
Inventory Search .....................................................................................94

Container Searches......................................................................95
Searching Containers .............................................................................96
Abandoned Property ..............................................................................98

Interview and Interrogation .......................................................100

Ambiguous Invocations .......................................................................101
Reinitiating After Invocation to Remain Silent ................................102
Reinitiating After Invoking Right to Counsel ...................................103
Suspect Reinitiates Interrogation .......................................................104
Public Safety Exception .......................................................................105

Step Three: What Crimes Need to be Proven?

Narcotics Offenses.....................................................................107
Possession of a Controlled Substance ................................................108
Possession of a Drug-Intent to Deliver/Manufacture .....................111
Delivery of a Controlled Substance ...................................................114
Trafficking in Controlled Substances ................................................116
Possession of Drug Paraphernalia ......................................................119
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Obtaining Controlled Substance by Fraud ........................................122
Possession of an Inhalant ....................................................................124

Property Crimes .........................................................................126

Theft .......................................................................................................127
Robbery ..................................................................................................129
Burglary..................................................................................................132
Possession of Burglary Tools ..............................................................135
Tampering with a Vehicle ...................................................................137
Disposing of Property with Defaced Serial Number .......................139
Theft by Deception ..............................................................................142
Theft by False Promise ........................................................................145
Theft by Extortion ................................................................................147
Possession of Stolen Property.............................................................150
Theft of Lost Property .........................................................................153
Theft of Services ...................................................................................155
Theft of Rental Vehicle ........................................................................157
Driving Vehicle Without Consent......................................................159
Shoplifting .............................................................................................161
Malicious Damage to Property ...........................................................163
Arson ......................................................................................................165
Aggravated Arson .................................................................................167
Trespassing ............................................................................................170

Homicide .....................................................................................172
Murder - Malice Aforethought............................................................173
Murder - Torture ...................................................................................175
Felony Murder Rule ..............................................................................177
Second Degree Murder ........................................................................179
Voluntary Manslaughter ......................................................................181
Vehicular Manslaughter .......................................................................183
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Invol. Manslaughter - Negligent Use of Deadly Weapon ................185

Sex Offenses...............................................................................188
Attempted Rape ....................................................................................189
Rape ........................................................................................................192
Penetration by Foreign Object ............................................................195
Sexual Abuse of a Child .......................................................................198
Prostitution ............................................................................................200
Receiving Pay for Procuring Prostitute (i.e., Pimping)...................202
Failing to Register as Sex Offender ....................................................204

Driving Offenses.........................................................................206
Driving Under the Influence ...............................................................207
Driving Without Privileges .................................................................210
Reckless Driving ...................................................................................212
Inattentive Driving ...............................................................................215
Felony Eluding ......................................................................................217
Leaving the Scene with Injuries .........................................................219
Leaving the Scene - Unattended Vehicle ...........................................222
Leaving the Scene - Stationary Objects .............................................225
Fictitious Display ..................................................................................228

Crimes Against Persons ............................................................230

Assault ....................................................................................................231
Battery ....................................................................................................233
Aggravated Assault ...............................................................................235
Felonious Administration of Drugs....................................................238
Attempted Strangulation .....................................................................241
Hazing ....................................................................................................244
Mayhem ..................................................................................................247
Kidnapping ............................................................................................249
False Imprisonment .............................................................................251
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Child Custody Interference .................................................................253
Child Endangerment or Injury ...........................................................255
Desertion of a Child .............................................................................257
Obstructing an Officer .........................................................................259
False Report ...........................................................................................261
Intimidating a Witness ........................................................................263
Riot .........................................................................................................265
Stalking ...................................................................................................267
Domestic Battery ..................................................................................270
Violation of Civil Protection Order....................................................272
Telephone Harassment ........................................................................274
Disturbing the Peace ............................................................................277
Abuse or Neglect of Vulnerable Adult...............................................279
Exploitation of a Vulnerable Adult ....................................................282

Firearms Offenses ......................................................................284

Possession by a Felon ...........................................................................285
Unlawful Discharge ..............................................................................287
Carrying Concealed on School Property...........................................289
Carrying a Concealed Weapon ...........................................................291
Page 1

We have an incredible warrior class in this country -

people in law enforcement…, and I thank God every
night we have them standing fast to protect us from
the tremendous amount of evil that exists in the
world.
― Brad Thor
Page 65

Homes
 Page 66

HOMES

Private Searches
Requirement
The Fourth Amendment controls government officials, not private actors.
Therefore, there is generally no restriction on using information gained from a
private citizen’s search as long as he was not acting as a government agent.
This is true even when the private search was conducted in a highly offensive,
unreasonable, or illegal manner.
Remember, you may not exceed the scope of the original private search. The
point here is that the suspect loses any reasonable expectation of privacy in
those areas searched by the private person, so police can view the same
evidence. But that doesn’t mean the suspect lost his expectation of privacy in
other, non-searched areas.
Here’s what to articulate:
It should be clear that you didn’t direct, encourage, or participate in
the original private search or seizure (if you did then all regular Fourth
Amendment rules likely apply); And,
Explain why the private person conducted the search. Was it with the
intent to help police or discover evidence? Or some other personal
motive?
Finally, describe how your search, if any, didn’t exceed the scope of the
private search.
The first two factors must both be present for a private search to turn into a
government search. The third factor will turn a private search into an
unreasonable government search.

Articulation Example
“On March 25, 2020 at approximately 1230 hours I met with Richard Bronson
in the police department lobby. Bronson told me that he was fed up with his
roommate doing drugs in their shared apartment. Bronson said he went into
his roommate’s room this morning while the roommate was at work and
searched for drug evidence. Bronson opened a red Adidas backpack and
found a crystalline substance, packaged in a tiny zip-lock baggie. Bronson also
observed a scale with white residue on it.
Bronson brought the backpack to the lobby to show me what he saw. I asked
Bronson to show me only those things that he saw while in the apartment, and
nothing else. Bronson opened the backpack and I looked inside, seeing the
Page 67

same evidence described above. Based on my training and experience the

crystalline substance was methamphetamine because (explain why).
The search I conducted was the same as the one conducted by the suspect’s
roommate before he arrived at the station. Therefore, I did not expand the
original private search and did not invade the suspect’s reasonable
expectation of privacy.
I seized the backpack as evidence and applied for a search warrant to search
the entire backpack and the suspect’s bedroom.”
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HOMES

Serving Arrest Warrant

Requirement
An arrest warrant not only authorizes the suspect’s arrest in public, but also
authorizes you to enter the suspect’s home, if he's home, to make the arrest.
This is an extremely helpful option for arresting wanted suspects.
On the other hand, if the suspect is at a third-party’s home, like a friend’s
house, you must apply for a search warrant.
Finally, the arrest warrant can be a bench warrant, misdemeanor traffic
warrant, and of course, a felony warrant.
Here’s what to articulate:
Explain why you had probable cause that this was the suspect’s home,
and not a third-party’s home (get a search warrant for third-party
homes);
Explain why you had reason to believe the suspect was currently
home;
Describe how you knocked and announced your authority and
purpose (e.g., “Police, arrest warrant”);
If appropriate, explain why you conducted any protective sweeps; and
It should be clear that you looked for the suspect in people-sized
places, but did not search for evidence, but plain view seizure applied.

Articulation Example
“I confirmed that the fugitive had an active arrest warrant by [describe how
you confirmed it].
I determine that 555 Main Street was the fugitive’s current domicile because
[describe how you confirmed it].
I had a reason to believe that the fugitive was presently home before the
execution of the warrant because I observed a vehicle in the driveway
belonging to the fugitive and lights were on inside the home, indicative of
someone currently home.
I then executed the arrest warrant by [describe how you served it, including
how you complied with knock and announce].
After approximately 30 seconds the fugitive did not answer the door. Based
on the loud knocking and announcing and lack of response, it was reasonable
Page 69

to believe that the fugitive was denying entry into the home to effectuate the
arrest.
We then forced entry into the home [explain how]. We searched for the
fugitive and found him hiding under the bed in a spare bedroom.”
 Page 70

HOMES

Hot Pursuit
Requirement
There’s a difference between “hot pursuit” and “fresh pursuit.” Hot pursuit is
when you’re literally chasing a suspect who is trying to flee. You can follow
him anywhere he goes. The law is not clearly established whether you can
pursue a misdemeanor suspect into his home, though the answer is likely yes.
Fresh pursuit, on the other hand, is where you have identified a suspect in a
serious violent felony and are actively tracking him down. Once you find out
where he’s hiding you may make a warrantless entry and arrest him. If it’s a
non-violent crime, get a warrant.
Here’s what to articulate:
Explain that you were in hot pursuit (i.e. chasing) of a suspect believed
to have committed an arrestable offense and that he ran into a home
(a surround and call-out may also be done for officer safety purposes).

Articulation Example
“The driver fled the traffic stop on foot. I chased the suspect and observed him
entering a home through the front door. The address was later confirmed as
555 Main Street. The driver committed an arrestable offense by fleeing a
lawful traffic stop, which obstructed my duties by requiring me to capture the
fleeing driver, instead of focusing on the reason for the stop.
I then entered the home under hot pursuit and searched the residence for the
suspect. I found the suspect hiding in a hallway utility closet.”
Page 71

HOMES

Fresh Pursuit
Requirement
There’s a difference between “hot pursuit” and “fresh pursuit.” Hot pursuit is
when you’re literally chasing a suspect who is trying to flee. You can follow
him anywhere he goes. The law is not clearly established whether you can
pursue a misdemeanor suspect into his home, though the answer is likely yes.
Fresh pursuit, on the other hand, is where you have identified a suspect in a
serious violent felony and are actively tracking him down. Once you find out
where he’s hiding you may make a warrantless entry and arrest him. If it’s a
non-violent crime, get a warrant.
Here’s what to articulate:
Explain how you were in fresh pursuit of the suspect after
investigating a serious violent crime and quickly (usually no more
than two hours) traced the suspect back to his home.

Articulation Example
“Based on my investigation, I had probable cause that the suspect fled the
crime scene and retreated into his residence. Several officers and I made a
forced entry into the suspect’s residence to make an arrest for the following
reasons:
• I had probable cause to believe that the suspect had committed a violent
felony, namely a sexual assault;
• The suspect used a firearm during the felony;
• Surrounding the house while waiting for a warrant would have provided
ample opportunity for the suspect to barricade, ambush, or offensively
attack officers;
• Fellow officers watched security camera footage near the crime scene
(describe where) and observed the suspect enter a vehicle and quickly
speed away;
• The camera captured the suspect’s license plate, which indicated the
registered owner resided at 555 Main Street.
• Within approximately 90 minutes from the time of the sexual assault,
officers arrived at 555 Main Street and observed the vehicle in the
driveway;
• The residence had several interior lights on;
• Officer Johnson touched the car’s hood and told me that it was hot,
indicative of recent operation;
 Page 72

• I knocked on the door, stated that I was the police, and demanded that the
suspect open the door;
• After approximately 20 seconds I heard noises coming from inside the
house, but no effort was made to open the door;
• Based on the nature of the crime, the suspect probably had DNA evidence
on his genital area and possibly under his fingernails. This evidence may be
readily discarded with water;
• Additionally, it is probable that the suspect had trace evidence on his
clothing. This evidence may be readily discarded in a washing machine.
Based on the totality of the circumstances, exigent circumstances existed to
enter the residence and take the suspect into custody due to the danger
presented to on-scene officers and the ready destructibility of evidence
believed to be on the suspect’s person and clothing.”
Page 73

HOMES

Imminent Escape
Requirement
Under Imminent Escape, you may enter the home of a suspect who has
retreated into their home after recently committing a serious crime and that
they are likely to escape before the issuance of a warrant.
Here’s what to articulate:
Explain your probable cause that the suspect committed a serious
violent crime, and you reasonably believe that he would escape
before obtaining a warrant.

Articulation Example
“Based on my investigation (articulated elsewhere), I tracked the suspect back
to 555 Main Street Apartment 102. I had probable cause that the suspect
was presently inside his apartment because:
• Witness Smith stated that the suspect drove a late-model white Chevy
Malibu bearing CA 123XYZ;
• Witness Smith stated that the suspect was a white male approximately 6’
tall, weighing approximately 190 pounds;
• A records check of the vehicle revealed that the vehicle was registered to
this apartment address just two months prior;
• A records check of the registered owner matched the characteristics
provided by Witness Smith;
• The Malibu was in the apartment parking lot;
• I touched the Malibu’s hood and perceived that it was very hot, indicating
that it had been recently driven;
• Apartment #102 had lights on, despite it being just past midnight, when
most people are sleeping;
I decided that the proper course would be to knock on the door and demand
that the suspect come out. There was no time to obtain an arrest warrant
because:
• I had probable cause that the suspect had committed an armed robbery, a
serious violent crime;
• All available police resources were utilized;
 Page 74

• The apartment complex layout allowed the suspect to flee out the front or
back patio area;
• Only two officers were available to take the suspect into custody;
• If a warrant was obtained, that would mean only one officer would be left on
scene. This would be futile since it requires at least two officers to cover the
back and front. This would also be dangerous because the suspect was
considered armed and dangerous and a minimum of two officers should
help capture this suspect if he chose to flee again.
[Now explain how you complied with knock and announce rules and how you
made a forced entry if required.]
Page 75

HOMES

Warrantless Entry for Emergency

Requirement
Generally, you cannot make a warrantless entry into a home unless you have
consent, recognized exception, or a warrant (C.R.E.W.). One of the recognized
exceptions is if you have an objective reasonable basis for believing that an
occupant requires emergency assistance, or an occupant is threatened with
imminent injury. Remember, the scope of your entry is limited and you must
leave, if demanded, once the emergency is over.
Here’s what to articulate:
Explain why you had reason to believe that any occupant was in
immediate need of medical assistance or is threatened with imminent
injury;
Once the emergency is over, you must leave unless you receive
consent or a warrant;
Describe how you complied with knock and announce rules; and
Finally, you could not search for evidence, but may make a plain view
seizure.

Articulation Example
“On March 25, 2020 at approximately 1230 hours I was dispatched to a
possible domestic battery at 555 Main Street. The nature of the call was
[explain].
Upon arrival I walked up to the residence and could hear a male yelling. As I
got closer I could see inside the front living room window. I observed a female
adult falling back against the living room wall, as if pushed. The female hit her
head on the wall and did not get back on her feet. The male was still yelling
and said, ‘You deserve that!’
I knocked on the front door and said, “Police, open the door.” The male yelled
back and told me to “Get a warrant.” This reply meant the male was
affirmatively refusing my lawful entry to protect occupants from further harm
and to render medical aid.
I then checked the door and it was unlocked. I entered the house, still
announcing my authority, and [explain the rest].”
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HOMES

Warrantless Entry to Prevent Destruction

of Evidence
Requirement
Generally, you cannot make a warrantless entry into a home unless you have
consent, recognized exception or a warrant (C.R.E.W.). One of the recognized
exceptions is the warrantless entry to prevent the destruction of evidence.
Remember, you cannot create the exigency. But simply knocking on the door
does not count.
Here’s what to articulate:
Explain why you had probable cause that an occupant was or was
about to destroy evidence or contraband;
It should be clear you did not create the exigency;
If there was no time to knock and announce, explain why;
After you secure the home, you must get a warrant; and
You cannot search for evidence, but may make a plain view seizure.

Articulation Example
“On March 25, 2020 at approximately 1230 hours my partner and I arrived at
555 Main Street, Apartment 102 to conduct a knock and talk with occupants.
The reason for the knock and talk was because I got an anonymous tip that
occupants at this apartment were in the process of packaging a large amount
of heroin. The tipster stated that after the drugs were packaged, the drugs
would be moved to another location. [you would go into more detail about the
tip].
My partner and I were in plain clothes and knocked on the door. About ten
seconds later an occupant opened the door about twenty inches and asked
me what I wanted. I told him I was a narcotics detective and wanted to talk
with him. The occupant immediately looked shocked, and began to stutter.
During this time I looked over the occupant’s shoulder and saw a brown
kitchen table with various items on it that were immediately apparent as
drugs and paraphernalia [describe exactly what you saw and why].
The occupant then turned around and looked at the same table I was looking
at. It appeared the occupant now knew I saw drugs and paraphernalia in plain
Page 77

view. The occupant then told me he had to go and immediately tried to close
the door but my partner was able to prevent its closure.
Based on the totality of the circumstances, we had probable cause that
narcotics trafficking was occurring inside Apartment 102 [explain everything,
ideally with bullet point list].
Additionally, we also had probable cause that the suspect would be able to
quickly remove heroin evidence by flushing it down the toilet. The suspect
knew we were narcotics detectives, knew we saw the evidence in plain view,
and would have a motive and opportunity to remove the evidence before a
search warrant was received. This evidence would be the most important
evidence for a trafficking charge. Therefore, we forced entry into the
apartment and arrested the occupant for various drug offenses.
A protective sweep was conducted for other occupants, but none were found.
While inside the apartment we did not search for any evidence.
I then secured the apartment from the outside with evidence tape, signed the
tape with my initials, date, and time. I took a picture of the seal and included
the picture in the search warrant affidavit.”
 Page 78

HOMES

Drug Buy: Entry with Arrest Team

Requirement
If you work undercover and enter a home to conduct a narcotic sale or
purchase, you may make the arrest immediately, However, if you leave the
residence and want to re-enter with an arrest team, you should articulate that
the re-entry was “immediate” and necessary. Here’s what to articulate:
You are an undercover officer and conduct a narcotics transaction
inside the home, you may leave and immediately re-enter with an
arrest team when two conditions are met: First, there must be a
legitimate officer safety reason why you had to leave first, instead of
summoning the arrest team into the home and you must articulate
that an exigency exists, such as destruction or loss of evidence.

Articulation Example
“After purchasing heroin from the suspect, I left the residence and met with
an arrest team around the block. After coordinating our actions, we
immediately approached the residence to effect the suspect’s arrest. I did not
arrest the suspect while initially inside the suspect’s home for the following
reasons:
• There were multiple suspects inside the home which meant that I was at a
tactical disadvantage if I attempted to arrest the suspect without other
officers;
• Drug dealers are usually considered armed and dangerous because they
rely on self-help to protect their business. Therefore, drug dealers usually
have weapons on their person or readily accessible,` and an immediate re-
entry with an arrest team was the safest method to effectuate the arrest.”
Page 79

HOMES

Protective Sweeps
Requirement
If you make a lawful arrest inside a home, you’re allowed to conduct a
protective sweep. There are three zones, or areas, you may search depending
on the circumstances
Here’s what to articulate:
Zone 1: You may search the immediate vicinity where the suspect has
access to weapons, evidence, or means of escape;
Zone 2: You may search for people in people-sized places in the same
area where the arrest occurs; and
Zone 3: If you have reasonable suspicion that dangerous confederates
are in the house, you may search for people in people-sized places and
detain the confederates until the arrest is completed.

Articulation Example
Lunge area example: “While arresting Smith for domestic battery, I searched
the area immediately within his lunge area. The arrest occurred in his
bedroom, near a dresser. I opened the top drawer and saw a Glock handgun
and seized it for officer safety."
Throughout house example: “While arresting Smith on a parole violation
warrant I searched the entire house for dangerous confederates. I only
searched people-sized places. The reason a protective sweep was conducted
throughout the house was because:
• Smith was a documented active gang member;
• In my training and experience, gang members often have fellow gang
members with them to help defend themselves against rival attacks;
• In my training and experience, gang members usually have weapons to
attack rivals and to counterattack;
• The arrest took place in the afternoon, a common time when house guests
are present;
During my protective sweep for confederates, I saw a sawed-off shotgun in
plain view on top of the bed in the back bedroom. I seized the firearm as
evidence against Smith.”
Page 293

ABOUT THE AUTHOR

Anthony Bandiero, JD, ALM

Anthony is an attorney and retired law enforcement officer with experience as both a
municipal police officer and sergeant with a state police agency. Anthony has studied
constitutional law for over twenty years and has trained countless police officers in
advanced search and seizure.

View his bio at BlueToGold.com/about