Abstract:
It is the thesis of this article that no authority exists in support of the notion that reports to the police are absolutely privileged and that attempts to conjure such authority can have unsettling consequences that reach far beyond the common law of torts. The article begins with a review of the history and doctrine relevant to the privileges applied to judicial proceedings and police reports. It then analyzes the appropriate application of these privileges in situations where police reports ultimately serve as the basis for commencing judicial proceedings. Next, the article analyzes cases from the two states-Oregon and California-where court holdings recently departed significantly from established privilege doctrine and mischaracterized the privilege applicable to police reports. Finally, the article highlights the unsettling consequences, including and especially the unsettling consequences in the areas of civil rights and child protection that result when the police reporting privilege is so mischaracterized.