Detailed Answer
Under Rhode Island law, individuals can request corrections to a police report that contains inaccurate or incomplete information. Rhode Island does not prescribe a specific statutory amendment process for police reports, but you can use the Rhode Island Access to Public Records Act (RIGL § 38-2-1 et seq.) to access and review reports and then submit a formal correction request to the issuing agency.
Step 1: Obtain the Report
Use RIGL § 38-2-6 to request a copy of your police report from the records custodian. See RIGL § 38-2-6. Submit a written request—some departments offer online forms, others require a letter.
Step 2: Gather Supporting Evidence
Collect documentation that clearly shows each inaccuracy. Common supporting evidence includes:
- Body-worn or dash-cam footage: Officer camera recordings or nearby surveillance video.
- Photographs: Time-stamped images of the scene, vehicles, injuries, or property damage.
- Medical records: Hospital, EMS, or physician documents detailing injuries and treatment dates.
- Witness statements: Signed, dated affidavits from individuals who observed the incident.
- Official analyses: Crash reconstruction reports, forensic lab results, or DMV collision records.
- Independent expert reports: Assessments from qualified professionals that contradict the report’s findings.
Step 3: Submit a Formal Correction Request
Prepare a clear, written request. Identify each alleged error, reference the relevant page and line in the report, and attach all supporting evidence. Address your request to the department’s records custodian or internal affairs division. Send via certified mail or other trackable method, and retain proof of delivery.
Step 4: Follow Up and Escalate if Necessary
The department must respond within ten business days under RIGL § 38-2-7 (https://www.rilegislature.gov/Statutes/TITLE38/38-2/38-2-7.htm). If you receive no response or a denial, you can:
- File an administrative appeal under the Access to Public Records Act.
- Seek a writ of mandamus to compel agency action under RIGL § 9-16-1 (https://www.rilegislature.gov/Statutes/TITLE9/9-16/9-16-1.htm).
- Consult an attorney for potential litigation or additional remedies.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Organize evidence chronologically and label each item clearly.
- Use trackable delivery methods (certified mail, FedEx) to document timely requests.
- Keep digital and physical copies of all correspondence and evidence.
- Note statutory deadlines: public records agencies must reply within ten business days (RIGL § 38-2-7).
- If an agency denies your request, consider an appeal or mandamus action promptly.