Detailed Answer
Disclaimer: This article is for general information only and does not constitute legal advice. For guidance tailored to your situation, consult an attorney.
Under the South Dakota Public Records Act (SDCL 1-27-1 et seq.), you have the right to inspect and copy public records, including police reports. The Act does not explicitly guarantee a right to amend those records, but law enforcement agencies often consider evidence-backed requests to correct factual inaccuracies.
To support a request to amend a police report, gather documentation that clearly demonstrates the inaccuracy and your proposed correction. Common types of evidence include:
- Witness statements: Signed affidavits or recorded interviews from individuals present at the incident.
- Medical and repair records: Hospital or clinic records, bills, and vehicle repair estimates that contradict details in the report.
- Photographs and video: Still images or footage from surveillance cameras, dash-cams, or smartphones showing actual events.
- 911 call recordings and logs: Transcripts or audio files capturing statements made during the emergency call.
- GPS and cell-phone records: Location data from your phone or in-vehicle navigation systems.
- Text and email exchanges: Communications discussing the incident or clarifying circumstances.
Submit your amendment request in writing to the agency’s records custodian. Reference the specific portions of the report you believe are incorrect and attach copies of your supporting evidence. Propose the corrected language for each disputed section.
If the agency denies your request or fails to respond within a reasonable time, you may seek relief in circuit court. Under the writ of mandamus statute (SDCL 21-32-1), a court can compel a public officer to perform a duty, including amending or releasing public records. You can also review fee provisions under SDCL 1-27-22 if copying costs apply.
Helpful Hints
- Always keep requests and responses in writing. Certified mail offers proof of receipt.
- Clearly identify or highlight disputed sections of the report.
- Organize your evidence chronologically and label each document.
- Check the agency’s internal appeal or dispute procedures.
- Be aware of potential copying or administrative fees per SDCL 1-27-22.
- If the agency resists, consult an attorney about filing a mandamus action.