Detailed Answer
In South Dakota, police reports are maintained by local law enforcement agencies as public records under SDCL 1-27-1 to 1-27-38 (SDCL 1-27-1). While the open records law guarantees access and copying, it does not explicitly require agencies to amend records. Most departments, however, allow corrections of clerical or factual errors through an administrative process.
Follow these steps to request an amendment:
- Identify the specific error. Note the report number, date, and exact wording that is wrong.
- Gather supporting evidence. Obtain documents or witness statements proving the correct information (e.g., medical records, video footage, sworn affidavits).
- Submit a written request. Address it to the agency’s records custodian or public records officer. Include:
- Your full name and contact information.
- Report number, date, and officer name (if available).
- Clear description of the error and the precise correction you seek.
- Copies of supporting evidence.
- Allow the agency time to respond. While not specified by statute, many departments acknowledge receipt within 10 business days and resolve routine clerical fixes within 30 days.
- If the request is denied or ignored, escalate.
- File an internal appeal to the chief of police or sheriff’s office.
- Contact your city or county attorney for guidance on agency policies.
- Consider a mandamus action in circuit court under SDCL 1-27-38 (SDCL 1-27-38) to compel amendment or release records.
- Explore alternative remedies. If the content is false and harmful, you may consult an attorney about a defamation claim or other civil action.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a licensed South Dakota attorney for guidance on your specific situation.
Helpful Hints
- Send all correspondence via certified mail and retain delivery receipts.
- Keep copies of your request, evidence, and agency responses in a dedicated file.
- Note all deadlines and dates the agency responds or fails to respond.
- Use clear, professional language and stick to factual matters.
- If your request involves sensitive personal data, ask about any redactions the agency may make.