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Brown v. State7/2/2001
); State v. Bertul, supra at 1184, 1185-1186.
Many courts ... have drawn a distinction between police records prepared in a routine, non-adversarial setting and those resulting from a more subjective investigation and evaluation of a crime. [Cits.] ... "In the case of documents recording routine, objective observations, made as part of the everyday function of the preparing official or agency, the factors likely to cloud the perception of an official engaged in the more traditional law enforcement functions of observation and investigation of crime are simply not present. United States v. Brown, supra at 911 (II) (B).
"Merely identifying a person who was arrested is not subject to the dangers of inadequate perception, memory or narration, while reporting details of a criminal investigation is subject to such dangers." State ex rel. Mack v. Purkett, 825 SW2d 851, 856 (Mo. 1992). Other examples of admissible police records of routine matters include the day a crime was reported, fingerprint records, and a form for police officers to document the condition of police vehicles and to provide a skeletal outline of each day's activities. Montgomery v. United States, supra at 316 (II); State v. Bertul, supra at 1184. Such police records serve an important administrative function, and their future use in litigation, although foreseeable, is not the sole purpose for their preparation. People v. Guidice, supra at 953; Montgomery v. United States, supra at 316 (II).
The police report in question here contains a detailed narrative concerning a prior undercover purchase of cocaine. Brown v. State, 245 Ga. App. 149, 151 (2) (c) (537 SE2d 421) (2000). Because that narrative is clearly not a routine, non-adversarial, or administrative matter, it is not admissible under the business records exception. Therefore, the majority correctly reverses the Court of Appeals' holding to the contrary.
I am authorized to state that Justice Hunstein and Justice Hines join in this opinion.
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