Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under South Dakota law, individuals have a right to inspect and request corrections to government records, including police reports, under the South Dakota Public Inspection of Records Act (SDCL 1-27-1 et seq.). While the Act does not explicitly mandate an amendment procedure, law enforcement agencies often adopt internal policies that allow you to submit evidence demonstrating factual errors or omissions in your report.
Legal Framework
SDCL 1-27-3 defines “records” to include police reports and related documents. If an agency refuses to cooperate or withholds records unlawfully, you may seek injunctive relief under SDCL 1-27-40. Many departments also allow an administrative review or appeal within internal affairs.
Evidence and Documentation
To strengthen your amendment request, gather clear, objective evidence that directly contradicts or clarifies inaccuracies in the report. Common supporting materials include:
- Witness statements: Signed affidavits from bystanders or participants confirming events.
- Video/audio recordings: Dash-cam, body-cam, precinct CCTV or private recordings showing the incident.
- Photographs: Time-stamped images of the scene, damage, injuries or property.
- Medical records: Hospital, clinic or doctor’s reports and billing statements documenting injuries.
- Repair or insurance estimates: Auto body shop bills, insurance adjuster reports or appraisals showing damage details.
- 911/CAD logs: Dispatch records or transcriptions confirming time, location and statements (SDCL 1-27-3 definitions).
- Emails and text messages: Correspondence among involved parties discussing the incident.
- Expert reports: Accident reconstruction, forensic analysis or other professional evaluations.
- Physical evidence: Items collected at the scene (e.g., debris, personal effects) with chain-of-custody documentation.
- Timelines: Written chronology with corroborating date/time stamps from independent sources.
Submitting Your Request
Follow these steps when you request an amendment:
- Send a written request to the department’s records custodian or internal affairs unit.
- Identify the report by case number, date, officer name or incident location.
- Clearly specify the information you believe is incorrect and describe the requested change.
- Attach copies of your supporting evidence; retain originals for your records.
- Note the date of your submission and request a written acknowledgment.
- If you don’t receive a response within the department’s published timeframe (often 10 business days), follow up in writing.
Helpful Hints
- Review the law enforcement agency’s public records and corrections policy (often online).
- Use notarized or sworn affidavits for witness statements when possible.
- Keep your request concise, factual and polite.
- Organize evidence chronologically with clear labels.
- If the agency denies your request, consider filing a petition under SDCL 1-27-40 for judicial review.
- Consult a South Dakota attorney if you encounter significant obstacles or potential liability issues.