Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Detailed Answer
In New Mexico, there is no standalone statute that explicitly grants a right to formally amend a police report. However, you can use the Inspection of Public Records Act (IPRA), NMSA 1978, §§14-2-1 to -12, to request access to your report and submit documentation supporting your correction request. Most law enforcement agencies maintain an internal policy or administrative process that allows citizens to flag errors or omissions.
How to Request an Amendment
- Submit an IPRA request in writing to the custodian of records at the agency that created the report.
- Identify the report by case number, date, and parties involved.
- Attach a clear, concise statement explaining each alleged error or omission.
- Provide copies of supporting evidence and documentation (see list below).
- Follow up in writing within 30 days if you do not receive a response. Under IPRA, agencies must respond within 15 business days (NMSA 1978, §14-2-10).
- If the agency denies your request, you may file a petition in district court seeking an order compelling amendment or correction.
Types of Evidence or Documentation
The strength of your amendment request hinges on the quality and relevance of your supporting evidence. Agencies weigh the credibility and direct connection of each item you submit.
Helpful Hints
- Officer field notes and logs: Original handwritten notes or daily activity sheets can demonstrate discrepancies.
- Body-worn camera or dash-cam footage: Time-stamped video often provides objective proof of events.
- 911 call recordings and transcripts: Show exactly what was reported and when.
- Surveillance or doorbell camera clips: Corroborate your version of events with visual evidence.
- Witness statements or affidavits: Signed, sworn declarations from bystanders or participants.
- Photographs or diagrams: Images of injuries, property damage, or the scene.
- Medical or repair records: Hospital bills, doctor’s notes, or receipts for damages.
- Receipts, invoices, or logs: Prove dates, times, and places relevant to the report.
- Correspondence with the agency: Copies of your written requests and any responses received.
- Clear, concise cover letter: Summarize your requests and itemize your attachments.
Gathering this documentation and presenting it in an organized manner increases your chances of a successful amendment. If the agency refuses, consult an attorney to evaluate filing a mandamus or declaratory judgment action in district court.