Detailed Answer
If you identify incorrect details in a police report in Idaho, you can ask the law enforcement agency to correct or clarify the record. Police reports typically qualify as public records under the Idaho Public Records Act. While Idaho law does not guarantee a formal “amendment” right, you can request an addendum or a correction based on the following steps:
1. Verify Your Information
Review the report to pinpoint every inaccuracy. Note the page, section, and exact wording. Gather any evidence—photos, medical records, witness statements—to show why those details are wrong.
2. Submit a Written Request
Send a written request to the records custodian or assigned officer. Idaho Code § 74-107 outlines how to request public records online or by mail. Include:
- Your name and contact information
- Report number, date, and agency name
- A clear list of errors and your proposed corrections
- Copies of supporting evidence
- A statement that you are requesting a correction or an addendum
Link: Idaho Code § 74-107
3. Agency Review and Response
The agency typically reviews your request, compares your evidence with its records, and decides whether to:
- Add an addendum that states your corrections without altering the original text
- Object to your requested changes if it deems them unfounded
If they agree, they will attach your addendum or revise the report section. If they deny your request, they should explain their legal basis. You can then:
4. Escalate If Necessary
If the agency refuses or doesn’t respond within a reasonable time (Idaho law suggests 3–5 business days for routine public records requests), consider:
- Filing an administrative appeal under the Idaho Administrative Procedures Act (Idaho Code § 67-5270 et seq.) if the agency’s internal appeal process exists
- Contacting the Idaho Attorney General’s Office Public Records and Open Government hotline
- Pursuing a court action for mandamus to compel production or correction of public records
Helpful Hints
- Keep all correspondence in writing and request receipts for mailed documents.
- Be concise. Focus on specific inaccuracies rather than broad complaints.
- Include timestamps, page numbers, and quotes from the original report.
- Check agency websites for their public records request form and filing instructions.
- If your request relates to a criminal case, speak with your defense attorney about formal motions to correct records in court filings.
Disclaimer: This article is for informational purposes only and does not provide legal advice. Consult a qualified attorney for guidance on your specific situation.