Detailed Answer
This section explains what evidence or documentation you should gather to support a request to amend a Mississippi police report. While no specific state statute governs amendments to police reports, state law provides procedures for accessing and challenging records under the Mississippi Public Records Act. You must present clear, credible information demonstrating the error and the correct facts.
1. Identify the Error
Begin by pinpointing the inaccurate entry—such as wrong time, date, location, involved parties, or narrative details.
2. Collect Supporting Evidence
- Sworn Affidavits: Signed statements under oath from you or witnesses describing the correct facts.
- Photographs or Videos: Time-stamped media showing locations, damage, or events relevant to the report.
- Physical Evidence: Receipts, invoices, medical records, repair estimates, or other documents confirming dates, times, or actions.
- Phone or Radio Logs: Call records, text messages, or dispatch logs establishing timelines or communications.
- Surveillance Footage: Video from private or public cameras corroborating the incident narrative.
3. Use Departmental Procedures
Most Mississippi law enforcement agencies have internal policies for correcting records. Request a “Record Amendment Form” or write a letter to the records custodian explaining the error and attaching your evidence.
4. Invoke the Mississippi Public Records Act
If your request is denied, you can file an administrative appeal under the Mississippi Public Records Act (Miss. Code § 25-61-3) which defines public records and outlines a process to contest denials.
To compel correction, you may seek a writ in chancery court or file a mandamus action asking the court to order the agency to amend the record.
Disclaimer: This information is for educational purposes and does not constitute legal advice. Always consult a qualified attorney for advice on your situation.
Helpful Hints
- Keep copies of all documents you submit and any correspondence with the agency.
- Label each piece of evidence clearly and reference it in your amendment request.
- Follow up in writing if you make an oral request, noting dates, times, and names of staff you contacted.
- Be concise and factual; avoid emotional or argumentative language.
- Consider consulting an attorney if the agency denies your request or if the matter is complex.