Wednesday, March 04, 2009
Using Deadly Force
Q: I would like to know is it considered a justifiable murder if an individual breaks into your home and once they are in the residence you shoot and kill them although your life was not threatened nor the suspect had a weapon?

A: Certainly a vague scenario, so it is hard to say. The best answer I can give is the text of IC 35-41-3 which covers this portion of the law:
A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.


posted by South Bend Police Department @ 4:06 PM  
Bow Hunting in City Limits?
Q: I am an avid deer hunter. I have come across some land that I may be able to obtain permission to hunt on, however it is within the city limits of South Bend. I'm sure there are laws/ordinances against the discharging of firearms, but what about the use of Archery equipment in the practice of hunting within the city limits? Ground base it legal to hunt deer with Archery equipment within the City Limits of South Bend?

A: Bow hunting within the city limits is NOT permitted inside a designated public park area, as prohibited by Municipal Code 19-44. If you are on private property within the city limits, I did not find a code that would prohibit this, assuming it is not in violation of DNR restrictions.


posted by South Bend Police Department @ 4:04 PM  
Elderly Driving without License
Q: I have an elderly relative who failed their eye test at the BMV. They didn't renew their license. What can happen if this person drives without a license? What is they are pulled over for a traffic violation or worse yet, have an accident?

A: Assuming their license was suspended for failure to pass the test, if pulled over for a violation the driver's can will be impounded and they will be cited for driving on a suspended license. Repeat violation after a Suspended conviction will result in a Misdemeanor arrest beyond the initial violation. You may wish to contact the BMV for more assistance.
posted by South Bend Police Department @ 4:00 PM  
Weapons Carry Etiquette
Q: How can I find out what the rules are in carrying my hand gun out side of my house. Can I carrying it with me in any retail store?, Can I carrying my hand gun loaded with one in the chamber?, If I saw some illegal activity going on, can I pull my hand gun out and hold the suspect(s) until police officer arrive? Or any other rules that I may be unaware of.

A: There are many online resources that you should look at for being a responsible weapons carrier with your permit. Your questions in short: with a permit you may carry your weapon on your person or in your car (preferable in a concealed manner), the weapon may be loaded/chambered also. As for as "illegal activity" you would not be advised to get involved nor display your weapon unless you believed your life is seriously in danger where you felt using deadly force may be in order to protect yourself, as if you are personally in fear for your life. Using your weapon otherwise in such a manner could be deemed reckless possession or even an aggravated assault. This could lead to your arrest, loss of permit, loss of your weapon, or even deadly or tragic consequences for you. I suggest you seek a handgun safety class to be fully aware of the very significant responsibilities of carrying a handgun.


posted by South Bend Police Department @ 3:58 PM  
Hit & Run- What Happens?
Q: My car was parked at work the other day and was hit by another car which left the scene and was found abandoned a few blocks away. I would like to know if the owner will be arrested or charged with leaving the scene of an accident? Or because it was found abandoned will no one be held responsible? Thank you.

A: Exvery situation is different so I can answer generically. If the specific hit and run suspect vehicle is located (specific meaning a known license plate is obtained, etc.) then the registered owner of that car may be found liable for criminal charges, or your insurance company may seek civil damage charges against the registered owner if there is no criminal conviction.


posted by South Bend Police Department @ 3:56 PM  
Employment with an Underage Drinking Conviction
Q: Can I still pursue a law enforcement career if I have 2 underage drinking tickets? I got one when I was 15 and the other one when I was 18. Other than that I have a clean record.

A: I am not aware of Underage Drinking precluding you automatically from our hiring process. You can apply and speak with a recruiter about the situation prior to partaking of the process for more information.

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posted by South Bend Police Department @ 3:53 PM  
Driving with Expired License
Q: I forgot to renew my drivers license on my last birthday. What happens if I get stopped when I drive to the license branch to get it renewed?

A: Assuming your license is just expired and not suspended, you can be cited for the expired license, and may or may not be able to operate your vehicle further than where you were stopped, which could also lead to vehicle impounding. Get it renewed!


posted by South Bend Police Department @ 3:47 PM  
Which Areas Are Safest?
Q: We will be relocating to the Notre Dame area, and know nothing about the area. We are looking for a place for them to stay. What areas are the safest in the areas and which ones have the highest crime rates?

A: It has been a while since I have answered this question, so I will reply again. We cannot offer specific opinions as to particular neighborhoods to choose or to avoid. I would suggest to check the Tribune Sunday edition for local weekly crime map reports, and ask a realtor or student assistance on campus for better recommendations on the area in which you are considering. Good luck!


posted by South Bend Police Department @ 3:44 PM  
Bumper Needed On Car?
Q: Our car was rear ended over the winter. Our mechanic removed the bumper and said he could not get one because of the age of the car (1995) Is driving without a rear bumper a ticket-able offense?

A: In Indiana, not having a bumper is not a specific violation, however a license plate needs to be properly mounted and lighted to not be a violation. So the plate would still need to be permanently mounted (Screwed on) and must be lighted at nighttime to not be a violation.


posted by South Bend Police Department @ 3:35 PM  

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