[IA] Can an officer change a report number and not tell me?

Lexi, Chatbot

I understand that this situation is quite complex and concerning for you. Can you please share if you have already consulted with a lawyer regarding these police report amendments and the related issues?

Lexi, Chatbot

Have you received any formal communication from the court or law enforcement about your rights in this matter?

Lexi, Chatbot

Is there anything else the criminal lawyer should know before I connect you? Rest assured they’ll be able to help with your legal concerns.

Angelo M

Greetings! I hope this message finds you well. I'm thrilled to have the opportunity to assist you with your situation and provide you with the support you need. Thank you for your patience, and I look forward to working with you.

Angelo M

From what you’ve described, there are really two layers of rights and procedures at play here: your rights as a criminal defendant under Iowa law and constitutional due process, and your rights as a citizen requesting access to records under Iowa’s Open Records Act (FOIA-type requests).

On the criminal side, any police report, CAD entry, 911 recording, body-worn camera, or officer statement that is material to the charges has to be disclosed in discovery. The prosecution cannot cherry-pick which parts of the file to turn over if those materials bear on probable cause or credibility of witnesses. If an officer “amends” a report or changes the report number after the fact, the law does not give them free rein to do so secretly.

That kind of amendment is supposed to be documented, and it is discoverable because otherwise the defense is deprived of the ability to test whether the probable cause affidavit was complete or whether material exculpatory evidence was omitted. In fact, under Brady v. Maryland and its Iowa counterparts, the prosecution has a continuing duty to disclose evidence that is favorable to the defense, and that obligation extends to law enforcement files in the prosecutor’s possession or control.

If you only found out through FOIA that there was another officer, another report number, or another 911 call, that is the type of thing your lawyer can raise with the court as a Brady/Giglio violation or at least a discovery violation. The judge does have the right to be told about those missing pieces, because they bear directly on whether probable cause was fairly presented and whether your ability to prepare a defense has been impaired.

On the administrative side, Iowa’s open records law does give you the right to request law enforcement records, including completed investigative reports, audio recordings, and internal affairs materials. However, Iowa also allows law enforcement to withhold certain investigative or internal disciplinary records if release would compromise an ongoing investigation or certain privacy interests.

That said, when you are the criminal defendant, you have a stronger claim than a member of the general public, because you can seek those same records via discovery in the criminal case. Internal affairs files, if they touch on the officers involved in your case, can sometimes be obtained through a defense subpoena or an in camera review by the judge, especially if there’s a credible claim of bias, misconduct, or a pattern of untruthfulness.

If the department has told you “you’ll never get an internal report,” that is not a legally accurate blanket statement; it may be shielded in part, but your attorney can file a motion to compel or request the judge to review it privately and determine what portions must be disclosed to the defense.

Finally, when you raise the issue of bias—such as the Lane & Waterman firm representing both the police and the complaining witness, or the prosecutor corresponding informally with that firm—those are precisely the kinds of conflicts and credibility questions that should be brought into the open.

Your attorney can file motions pointing out the withheld emails and amended reports, ask the court for sanctions, or at the very least argue to suppress or impeach the credibility of the State’s evidence. You do not have to accept at face value a probable cause affidavit that omits the responding officer, the 911 call, or the bodycam recordings.

The law is clear that a defendant is entitled to know what the evidence is, who supplied it, and how it was documented. I would strongly recommend you have your lawyer file a motion to compel discovery and, if appropriate, a motion to suppress or dismiss based on prosecutorial misconduct or violation of disclosure obligations.

At the same time, you may continue to pursue Iowa Open Records requests to the police department and the county attorney’s office, but in the courtroom the stronger path is to let the judge weigh these omissions directly.

I hope I was able to help you and answer all of your questions and concerns. Is there any part of my response that you need clarification on or any further information? Did you have any other questions on this subject for me today?

Angelo M

You’re very welcome! Thank you so much for your questions! Thank you so much for giving me the opportunity to assist you, and please don't hesitate to reach out if you have any further questions or concerns.