Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your situation.
In South Dakota, police reports fall under the South Dakota Freedom of Information Act (FOIA), codified at SDCL 1-27-1 et seq. If you find incorrect details in a police report, you can formally request an amendment. Follow these steps:
- Obtain a certified copy. Request the report in writing from the law enforcement agency’s records division. Cite SDCL 1-27-1 (Definitions) and SDCL 1-27-8 (Procedure for inspection and copying). See https://sdlegislature.gov/Statutes/Codified_Laws/1-27-8.
- Identify inaccuracies clearly. Review the report and note each incorrect detail (names, dates, statements, etc.). Include supporting documents or affidavits if available.
- Draft a written amendment request. Address your letter to the Records Custodian or Chief of Police. State the date of the report, specific errors, and the exact corrections you seek. Request an acknowledgement and a copy of the amended record.
- Submit your request. Send it via certified mail or deliver it in person. Keep proof of delivery.
- Await the agency’s response. Under SDCL 1-27-8, the agency must respond within a reasonable time. If they agree, they will issue an amended report or attach your statement as a supplement.
- File an appeal if denied. If the agency refuses, you may appeal under SDCL 1-27-38 (Appeal to circuit court). You must file a petition in the appropriate circuit court within 30 days of the denial. See https://sdlegislature.gov/Statutes/Codified_Laws/1-27-38.
- Consider further action. If the error causes harm (for example, defamation or employment issues), consult a civil attorney about a possible lawsuit for defamation or violation of your rights.
Helpful Hints
- Keep all correspondence in writing. Written records strengthen your case.
- Be precise. Identify page, paragraph, or line numbers when noting mistakes.
- Attach supporting evidence, such as affidavits, photos, or documents, to corroborate your corrections.
- Monitor deadlines. You usually have 30 days to appeal a denial under SDCL 1-27-38.
- Stay polite but firm. A respectful tone can improve cooperation.
- Consult an attorney early if the agency repeatedly refuses or if the inaccurate report causes you significant harm.