Police Officer Notes: The Blending of Factual Situations with the Passage of Time

When police officers undertake tasks that are repetitive (such as the administration of a roadside test) contemporaneous note-taking is crucial to allow officers to recall evidence with precision.  The repetitive nature of a task lends itself to a blending of different factual situations with the passage of time.

R. v. Dinh, 2010 ONCJ 540 (CanLII), at para. 35.

R. v. Dinh involved alleged impaired driving and a breath sample device that malfunctioned or failed due to an uncooperative driver. The evidence from two officers varied or was contradictory in relation to device calibration and officer and driver location.  Given that case’s circumstances, contemporaneous note-taking was deemed crucial. 

And on the subject of police notes and credibility—

While officers cannot be held to a standard of perfection in note-taking, the completeness or accuracy of police notes may have an impact on the case where the credibility of an officer is an issue.

R. v. Relleve, 2004 MBQB 155 (CanLII), at para. 22, where the court heard conflicting police evidence, which raised concerns about the credibility of the Crown witnesses.

Stuart O'Connell, O'Connell Law Group (leadersinlaw.ca)


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