How to Contact a Responding Law Enforcement Officer or Agency to Correct a Report in South Dakota

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

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:

  1. Determine the Responsible Agency: Identify the jurisdiction—city police department, county sheriff’s office, or South Dakota Highway Patrol.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.