Officers Nixon and Rook decided to arrest the husband for driving under the influence. He is taken to the station for processing. During processing, the husband is visibly agitated. He keeps mumbling to himself and rocking back and forth in his chair. His wife comes to the station and reports that her husband had some bad experiences while in Somalia. She requests that he be allowed to return home with her after processing. The police officers, already at the end of their shift, readily agree.
Officer Rook is designated to write the report and deliver it to the prosecutor’s office. P. Ross Acute is the issuing deputy district attorney. He is reviewing this police report to decide whether to file charges against the husband. The report accurately depicts the facts. While he is reviewing the report, Officer Nixon comes into his office.
Officer Nixon tells the prosecutor that the police report had been mistakenly dropped off before being signed off by a supervisor, which is required under city policy and procedures. Officer Nixon swaps the previous report for a new report, explaining that the new report was signed off by a supervisor and is more complete.
D.D.A. Acute notes that the main difference between the old and new reports is that it states that the officers observed the husband driving and then parking the blue station wagon as the patrol car pulled up at the residence.
What should the prosecutor do?
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