Asking a peace officer to sign a complaint without administering an oath: is this conduct proper or improper?

• A. Proper
• B. Improper
• C. Unknown
• D. Not advisable

Answer: (B)

A sworn statement must include an oath or affirmation from the person making the statement. When a complaint is used to start a criminal action, the declarant must swear to the truth of the facts before signing. Asking a peace officer to sign a complaint without administering an oath means the statement isn’t sworn, so the document lacks the required formal affirmation. The proper procedure is to administer the oath to the declarant (the officer if the officer is the one making the statement, or the complainant/witness if someone else is providing the facts). The officer’s signature alone does not substitute for the oath. Therefore, this conduct is improper, because it undermines the sworn nature and reliability of the complaint.