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:
- Identify the specific report (date, report number, officer name).
- Describe each alleged inaccuracy clearly.
- Include copies of supporting documents.
- 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.