Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Rhode Island, individuals may challenge factual errors in a police report by submitting a request for amendment to the law enforcement agency. While Rhode Island’s Access to Public Records Act (APRA) (R.I. Gen. Laws § 38-2-1 et seq.) grants broad public‐record access, APRA does not explicitly require agencies to amend reports. However, most municipal and state police departments maintain internal policies allowing citizens to submit corrections or addendums. Follow these steps to build a strong request:
- Obtain the Original Report. First, request a certified copy of the report under APRA (see R.I. Gen. Laws § 38-2-3), so you know precisely what the agency recorded.
R.I. Gen. Laws § 38-2-3 - Identify Specific Errors. Review the report line by line. Note dates, times, descriptions, or witness names you believe are incorrect or incomplete.
- Gather Supporting Documentation. Attach clear, verifiable evidence to your written request. Useful materials include:
- Body‐cam or dashboard‐cam footage detailing the incident.
- Photographs showing vehicle damage, accident scenes, or injuries.
- Medical records or hospital intake forms verifying injuries or treatment dates.
- Official logs (e.g., 911 call transcripts or dispatch records).
- Witness affidavits with notarized signatures describing the facts.
- Receipts, invoices, or repair estimates establishing property damage.
- Submit a Formal Amendment Request. Send a written letter or email to the department’s records custodian or chief of police. Clearly:
- Quote the exact report number and date.
- List each alleged error and the correct information.
- Include legible copies of your evidence.
- Track Your Request. Note the date you submitted your materials. Under APRA, the agency must respond within ten business days. If they grant your request, they will attach your addendum or revise the report.
- File an Appeal if Denied. If the agency refuses or ignores your request, you may appeal to the Rhode Island Attorney General’s Office under R.I. Gen. Laws § 38-2-7.2. The AG must issue a determination within 20 days.
R.I. Gen. Laws § 38-2-7.2 - Pursue Judicial Review. If the AG upholds the denial, you can petition Rhode Island Superior Court for review. Courts generally defer to agencies but will examine whether the refusal was arbitrary or capricious.
Helpful Hints
- Keep original documents and clearly label all copies.
- Use a timeline to correlate your evidence with report details.
- Follow up in writing after any phone or in-person conversations.
- Maintain polite, professional communication with agency staff.
- Consult an attorney if your amendments could affect pending charges or civil litigation.