Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney.
Detailed Answer
In Maryland, you may request an amendment to a police report if you believe it contains inaccuracies or omissions. The procedure to correct public records, including police reports, falls under the Maryland Public Information Act (MPIA). Specifically, Md. Code Ann., State Gov’t § 10-619 outlines the request-to-correct process. You submit your request to the agency’s Public Information Act (PIA) coordinator, who must respond within 30 days.
To support your request, include the following evidence or documentation:
- Personal Written Statement: A clear, chronological account of the events in dispute. Attach affidavits if you can swear to the accuracy before a notary.
- Witness Declarations: Signed and dated statements from eyewitnesses or other parties who corroborate your version of events. Include contact information for follow-up.
- Audio and Video Recordings: Body-worn camera footage, dash-cam video, 911 call recordings, or personal recordings that demonstrate what occurred. These can directly contradict or clarify report errors.
- Photographs and Diagrams: Pictures of the scene, property damage, injuries, or other relevant visual evidence. Annotated diagrams can illustrate positions or movements omitted from the report.
- Medical and Expert Reports: Emergency room records, physician notes, or expert analysis showing injuries, timelines, or technical details omitted or misstated in the report.
- Dispatch and CAD Logs: Computer-Aided Dispatch (CAD) transcripts or radio logs timestamped by the agency. These logs can confirm call times, unit responses, or officer statements.
- Documentary Records: Emails, text messages, social media posts, or other communications referencing the incident or its aftermath.
Organize your submission in a clear packet. Label each piece of evidence and reference the specific section or paragraph of the police report you want amended. Under Md. Code Ann., State Gov’t § 10-619 (MPIA § 10-619), the agency must notify you whether it will correct the record or deny the request, explaining its reasons.
Helpful Hints
- Keep copies of all documents and correspondence. Note dates you mailed or delivered materials.
- Send your request via certified mail or another trackable method.
- Follow up promptly if the PIA coordinator does not respond within 30 days.
- If the agency denies your request, you may petition the Circuit Court under MPIA for judicial review.
- Work with an attorney early if the amendment could affect pending civil or criminal matters.
- Be concise and factual. Avoid emotional language or extraneous details.
- Reference the specific statute (§ 10-619) in your cover letter to demonstrate your knowledge of the legal basis.