Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
If you identify an error in a police report prepared by a law enforcement officer or agency in South Dakota, you can request a correction or amendment by following these steps:
- Determine the Responsible Agency: Identify the jurisdiction—city police department, county sheriff’s office, or South Dakota Highway Patrol.
- Obtain the Report: Request a copy of the report under the South Dakota Open Records Act (SDCL § 1-27-1 et seq.). Review it carefully and note any inaccuracies.
- Contact the Records Custodian: Each agency must designate a records custodian. Submit a written request to this custodian including:
- Report number, date, and officer’s name;
- Specific details you believe are incorrect;
- Supporting documents or evidence that establish the correct facts.
- Follow Up with Supervisors or Internal Affairs: If the custodian cannot amend the report, ask to speak with the officer’s supervisor or the agency’s internal affairs division.
- File a Formal Complaint: If the agency declines to correct the record, file a complaint with the agency’s internal affairs or with the South Dakota Department of Public Safety’s Professional Standards Unit.
- Seek Judicial Review: If your request for amendment is denied, you may petition for judicial review under the Open Records Act (see SDCL § 1-27-31) by filing in circuit court.
Helpful Hints
- Keep copies of all correspondence, requests, and responses.
- Check statutory deadlines for Open Records requests to avoid delay.
- If unsure who the records custodian is, call the agency’s main office for guidance.
- Be clear and specific about the errors to streamline the review process.
- Consult a local attorney if the disputed information could affect your rights or legal status.