Detailed Answer
Under Mississippi law, you generally may review and request corrections to a police report through the agency’s records division. While the Mississippi Public Records Act (Miss. Code Ann. § 25-61-1 et seq.) grants you access to records (§ 25-61-1), it does not explicitly set a formal amendment procedure. Many law enforcement agencies adopt their own written policies to handle correction requests. To strengthen your request, gather clear evidence and documentation showing factual errors.
Gather Essential Documentation
- Copy of Original Report: Include the report number, date, filing officer’s name and badge number.
- Detailed Error Description: Prepare a concise statement explaining each inaccuracy (date, time, location, description).
- Photographs & Videos: Dash-cam footage, surveillance video, or bystander recordings that contradict the reported facts.
- Witness Statements: Signed affidavits from witnesses describing what they saw or heard.
- Medical & Repair Records: Hospital records, doctor’s notes or auto-repair invoices that document injuries or property damage inconsistent with the report.
- Communication Logs: Call logs, text messages, emails or business records that establish precise times, dates or interactions.
Submit a Written Amendment Request
Address a formal letter to the agency’s records custodian or chief of police. Your request should:
- Reference the original report by number and date.
- List each alleged error and attach supporting evidence.
- Provide your full name, address, phone number and email for follow-up.
- Cite the Mississippi Public Records Act (Title 25, Chapter 61).
Deliver the request via certified mail or in person, and keep proof of submission.
What to Do If Your Request Is Denied
If the department refuses to amend the report, you may:
- Ask for a written denial explaining the reasons.
- File a petition for a writ of mandamus in chancery court to compel compliance under Miss. Code Ann. § 25-61-17(5).
- Consult an attorney familiar with civil rights or administrative law for guidance on next steps.
Disclaimer
This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney before taking action.
Helpful Hints
- Start early: Gather evidence soon after the incident to preserve records.
- Organize chronologically: Label documents by date and time.
- Keep copies: Retain duplicates of everything you submit.
- Follow up in writing: Send polite reminders if you don’t receive a response in 30 days.
- Be precise: Stick to factual inaccuracies, not opinions or arguments.
- Know your rights: Review the Mississippi Public Records Act to understand timelines and obligations.