What Evidence or Documentation Supports a Request to Amend a Police Report in MT

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

While Montana law does not grant an automatic right to amend a police report, law enforcement agencies follow internal protocols under the Montana Public Records Act (Mont. Code Ann. § 44-5-101 et seq.). To request a correction, you must show clear evidence of a factual inaccuracy. Common types of supporting documentation include:

  • Signed Witness Statements – Written, signed, and dated affidavits from individuals who observed the incident.
  • Audio and Video Recordings – Body-worn camera footage, dashboard camera video, doorbell or security camera recordings that capture the event.
  • Photographs – Time-stamped images showing scene conditions or actions that contradict the existing report.
  • Medical Records – Hospital or doctor’s notes, ER summaries, and bills that document injuries, timelines, and care details.
  • Accident Reconstruction or Expert Analysis – Professional reports on vehicle damage, skid marks, ballistic or forensic findings.
  • Repair Invoices and Estimates – Auto repair bills or inspection reports detailing damage and dates.

Once you gather evidence, submit a formal written amendment request to the agency’s records custodian. Your request should:

  1. Identify the specific report (date, report number, officer name).
  2. Describe each alleged inaccuracy clearly.
  3. Include copies of supporting documents.
  4. Propose corrected language or factual statements.

Under Montana law, the records custodian must respond within a reasonable time (typically 5–10 business days). If the agency denies or ignores your request, you may appeal the decision under Mont. Code Ann. § 44-5-208 or file a district court action under Mont. Code Ann. § 44-5-302.

Helpful Hints

  • Retain all original documents; provide only copies with your request.
  • Send your amendment request via certified mail and keep the return receipt.
  • Follow up in writing if you do not receive a timely response.
  • Review the specific law enforcement agency’s public records policy online before submitting.
  • Consult a qualified attorney if the agency denies your request or if significant legal issues arise.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.