D.C. Code § 5-116.71
This is the official text of D.C. Code § 5-116.71, part of District of Columbia’s Code — part of the compiled statutory law of District of Columbia, published by the state as "Code." Browse the sections below, each linked to its official government source.
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§ 5-116.71. Arrest report and probable cause affidavit transparency requirements.
Official statutory text
*NOTE: This section was created by emergency legislation that will expire on June 29, 2026.*
(a) Following an arrest, a member of the Metropolitan Police Department shall include the following information, to the extent known at the time, in documentation supporting the arrest, including a probable cause affidavit:
(1) The name, badge number or other identifying number, and employing agency of each law enforcement officer present at the scene;
(2) Whether any law enforcement officer present at the scene used force during the arrest and, if so, a description of the force used; and
(3) The number of unidentified law enforcement officers at the scene and whether any law enforcement officer declined to disclose their identity.
(b) (1) Nothing in this section shall be construed to:
(A) Impose any legal obligation on any law enforcement officer other than a member of the Metropolitan Police Department; or
(B) Create a private right of action.
(2) Failure to comply with any provision in this section shall not be used as evidence or in any other way in any criminal or civil proceeding.
(c) For the purposes of this section, the term:
(1) "Law enforcement officer" means any sworn member of the Metropolitan Police Department or any law enforcement officer, including federal officers.
(2) "Probable cause affidavit" means any affidavit prepared by a member of the Metropolitan Police Department to establish probable cause following a warrantless arrest.
(a) Following an arrest, a member of the Metropolitan Police Department shall include the following information, to the extent known at the time, in documentation supporting the arrest, including a probable cause affidavit:
(1) The name, badge number or other identifying number, and employing agency of each law enforcement officer present at the scene;
(2) Whether any law enforcement officer present at the scene used force during the arrest and, if so, a description of the force used; and
(3) The number of unidentified law enforcement officers at the scene and whether any law enforcement officer declined to disclose their identity.
(b) (1) Nothing in this section shall be construed to:
(A) Impose any legal obligation on any law enforcement officer other than a member of the Metropolitan Police Department; or
(B) Create a private right of action.
(2) Failure to comply with any provision in this section shall not be used as evidence or in any other way in any criminal or civil proceeding.
(c) For the purposes of this section, the term:
(1) "Law enforcement officer" means any sworn member of the Metropolitan Police Department or any law enforcement officer, including federal officers.
(2) "Probable cause affidavit" means any affidavit prepared by a member of the Metropolitan Police Department to establish probable cause following a warrantless arrest.
Status: in_force · Read it on the official government site
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