SBPD Ask A Cop

New & Improved Ask A Cop

noreply@blogger.com (South Bend Police Department) — Wed, 31 Dec 2008 21:24:00 +0000

Welcome to the new South Bend Police Department Ask A Cop blog! Every question submitted to Ask A Cop is read and reviewed personally. Ideally your question should have local origin and pertain to police related questions about the South Bend area or our police department to have the best chance of being answered and published here. The site is updated weekly, typically on Wednesdays, but can be sooner or later depending upon the number of inquiries received. Thanks for viewing- on to the latest questions:

Reserve Officers

noreply@blogger.com (South Bend Police Department) — Tue, 19 Aug 2008 16:17:00 +0000

Q: With the recent article published in the SB Tribune regarding 40 potential lay-offs of officers, is there any discussion about adding a reserve division to help?

A: We have no plans to add a non-sworn officer Reserve division, however if you are interested in being a civilian volunteer, you may be interested in our CVO Unit, which is for civilian volunteers to assist in patrol cars with traffic direction and other form of traffic unit assistance. Contact Lt. Steve Goen at 235-7515 for more information on this unit.

Chaning Lanes

noreply@blogger.com (South Bend Police Department) — Tue, 19 Aug 2008 16:10:00 +0000

Q: Can you turn right at a red light if there are two right turn only lanes and you are in the inner (left) lane? I'm thinking of the intersection at Cleveland Road and Grape Road.

Also, just south of downtown South Bend there is a shift of three lanes to four lanes going north on Michigan Street. If you are in the center lane of the three lane street, which lane should you take once you enter the four lane street? I'm thinking the outer lane drivers should stay straight and the inner lane drivers may choose either of the inner lanes.

A: Indiana Code 9-21-8-21 states that A person who drives a vehicle intending to turn at anintersection must do the following:
(1) Make both the approach for a right turn and a right turn asclose as practical to the right-hand curb or edge of the roadway.

In the case of a dual right hand turn lane, turning right from either lane when appropriate to do so is permissible as long as you maintain your same lane.

In the case of that "jog", near Michigan and Broadway, there is no painted advisory to maintain the lanes, so my advice is to maintain the correct lane you are in until safe to do so otherwise- and use your signals to let others know which one you are taking!

Who Called to Complain?

noreply@blogger.com (South Bend Police Department) — Tue, 19 Aug 2008 16:02:00 +0000

Q: Hello, on July 5th a person in our neighborhood filed a noise complaint against me and my family for shooting very small fireworks off. The Sheriff arrived and immediately saw that it was safe and it was not a big issue. I asked the Deputy who called in the complaint. He said he did not know, but I could call the Sheriffs office and get the name(s) of the person that filed a noise complaint.

When I called today to request that information, I was told yes I would have to fill out a signed request and fax it back to them. After completing the form and faxing it back, I was told they were unsure if they could give out that information, names address’s phones etc., and they would get back to me when they figured out what the law was.

I would like to know what the law is regarding this in Indiana. Do I have the right to know?It seems to me that if someone files a claim for anything against
anyone, that person should have the right to know who it was. Thanks

A: I will answer your question as best I can. Since you live in the county I don't know if the procedures are the same, however if a complaint is called in (say loud noise, etc) and officers are dispatched to investigate, in many cases the caller may not wish to be contacted, so that information for complainant may be listed as "refused". In this case there is no easy way to go back through records to research who this may have been and this information would not be easily available.

In cases where an arrest may be made or for more serious criminal matters, that information may make its way onto a case report, but again, it all depends upon the circumstances. For example if I was called out by a neighbor complaint, but I myself hear the loud music, I would be considered the complainant as I also directly witnessed the violation. You may want to follow up with the County Police to see if their procedures are the same as you do not live in the city.

Driving With High Beams Illegal?

noreply@blogger.com (South Bend Police Department) — Tue, 19 Aug 2008 15:57:00 +0000

Q: Is it against the law to drive with high beams on when oncoming traffic is on the road?

A: Yes. Indiana Code IC 9-21-8-51 regulates using high beams, and states that a driver who fails to dim bright or blinding lights when meeting another
vehicle or pedestrian commits a Class B infraction.

Reporting a crime if you live out of state

noreply@blogger.com (South Bend Police Department) — Tue, 19 Aug 2008 15:52:00 +0000

Q: I was a victim of identity theft this year. I have reason to believe that the person lives in your jurisdiction who did
this. My local police say all that they can do is do a report that it would be up to the police in the jurisdiction that the person who
committed the fraud lived in to act.

A: By your ZIP code I see you reside in North Carolina. Reporting crimes indifferent jurisdictions can become a problem, however, crimes need to be reported where the "victim"'s location is.
In this case you need to report the crime locally and an investigator can contact our investigative division to work together where possible.

Truck Parking Defined

noreply@blogger.com (South Bend Police Department) — Tue, 19 Aug 2008 15:45:00 +0000

Q: Can a FedEx large delivery van be parked in front of drivers home on the city street overnight and all day during week
ends? Do they fall under the south bend delivery vehicle permit regulations ?

A: "Large" does not specify the type and size of vehicle permitted to park, however by city ordinance regulates truck parking with a GVW over 11,000 lbs. See below:

ARTICLE 11. PARKING OF TRUCKS HAVING MORE THAN ELEVEN THOUSAND POUNDS' GROSS VEHICLE WEIGHT

Sec. 20-117. Definition.

When used in this article:

Truck shall be defined as a motor vehicle designed, used or maintained primarily for the transportation of property whose declared gross vehicle weight when empty exceeds eleven thousand (11,000) pounds.

(Ord. No. 6838-80, § 1)

Sec. 20-118. Parking restricted.

(a) No person shall park a truck as heretofore defined on any street next to an area zoned "A" or "A-1" Residence Districts, "A-2" or "A-3" Planned Residential Districts, or "B" or "B-1" Residence Districts, except for the purpose of loading, unloading, servicing, or being then involved in the repair or construction of a residence. Such trucks shall be allowed to park on such residential streets when being used in connection with servicing a public utility.

(b) All such trucks may be parked in a carport, private garage, or driveway unless otherwise restricted by the zoning code.

(c) All trucks, regardless of declared gross vehicle weight, which are used for picking up trash on a commercial basis are strictly prohibited from parking on any residential street except for the purpose of loading.

(d) No person shall park any vehicle in an SF1 Single Family and Two Family District, SF2 Single Family and Two Family District or MF1 Urban Corridor Multifamily District or MF2 High Density Multifamily District in violation of Section 21-02.01, 21-02.02 or 21-02.03 or 21-02.04 of the South Bend Municipal Code.

(e) No person shall park any vehicle on an unimproved vacant lot in an "A" Residential District, "A-1" Residential District, "B" Residential District, "C" Commercial District, or "D" Light Industrial District in violation of Section 21-04.01 of the South Bend Municipal Code.

(Ord. No. 6838-80, § 1; Ord. No. 9257-01, § II)

Sec. 20-119. Penalties.

Any owner of any truck or other vehicle which is found illegally parked on any residential street or lot, and the owners and occupants of any residential property who allow such parking in violation of Section 20-118 shall be fined fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) for all subsequent offenses. Fines issued under this section shall be payable through the Ordinance Violations Bureau pursuant to Section 2-213 of this Code.

(Ord. No. 6838-80, § 1; Ord. No. 9257-01, § III)

Paying My Citation

noreply@blogger.com (South Bend Police Department) — Tue, 19 Aug 2008 15:38:00 +0000

Q: Where do I pay my seatbelt ticket?

Q: I received a traffic ticket- how much is it?

A: You can call the St Joseph County Clerk's Office Traffic Violations Bureau (located room 211 of the 1888 Courthouse- next to County-City Building) at 235-9511 during normal business hours for more information on how to pay and where for the type of citation you were served. This number is at the bottom of the citation you were given.

Officers are commonly asked this question regarding costs, but we do not have this information. Costs vary for the type of offense committed. Contact the number listed and they can tell you the exact cost for your offense.

Funeral Processions Part 2

noreply@blogger.com (South Bend Police Department) — Mon, 14 Apr 2008 05:53:00 +0000

Q: Regarding this funeral procession right of way question - I am from Lafayette and the interpretation of it there is based on the right of way "in traffic" i.e. the flow of traffic - they
don't interpret it to mean the entire roadway. I am having a hard time getting used to the way folks up here do it - seems unnecessary and frustrating to us! What I want to know is why is the way this is interpreted not consistent throughout the state? Down there you would not dream of crossing through their traffic, even if there is a big gap and you would not pull out in their traffic or anything like that but if they are going one way and you are going the opposite way then everyone keeps going.

A: You are correct. The state law I referred to before states that processions have the right of way, however vehicles are permitted to pass on the left of the procession when safe and legal to do so. Oncoming traffic is not required to yield to the procession, however processional vehicles do have the right of way for cross traffic at intersections as an example. I hope this clears the law up for you.

Moving Over for Police Vehicles

noreply@blogger.com (South Bend Police Department) — Mon, 14 Apr 2008 05:46:00 +0000

Q: When officers have to pull over someone why do officers not get off the road completely? That is so unsafe for you when you are out of your vehicle and then people have to go around you which increases the likelihood of a collision with cars coming from the other way and you could get injured. I worry every time I see one of you guys in the road like that, people don't pay attention like they should. It seems very dangerous for you guys to be in that position.

A: Personally, I am very selective about where and when I am pulling vehicles over. I will wait until I feel it is personally safe for myself to do so (good oncoming visibility, roads less traveled, etc). This is not always possible however, for many reasons. Often persons do not stop in or off road properly and I have to position my car in a certain way to provide cover for myself and the motorist I am contacting, so with this in mind, the short answer is I try but in the real world it is not always feasible.

This is a good time to point out that Indiana law requires motorists to exercise caution when approaching an emergency vehicle that is stopped on the roadside with emergency lights activated.

Motorists are required to change lanes away from the emergency vehicle if they can do so safely. If unable, they must slow down and proceed with caution. Police ask motorists to do what they expect of others if they were on the roadside changing a flat tire. Give our emergency workers room to work.

Motorists found in violation of this law can face up to a $10,000 dollar fine. Violations culminating in property damage or injuries can result in the suspension of their driver’s license for a minimum of 90 days up to two years. This is in addition to any other penalties imposed by the courts.

Indiana emergency vehicles include:

* Police vehicles
* Ambulances
* Fire trucks and rescue equipment
* Highway incident-response vehicles
* Highway work vehicles
* Vehicle recovery equipment (tow trucks)

The intent of this law is to protect the emergency and highway personnel who serve the public. Please be alert when you see emergency lights and give them room to do their job.

Stopping For Transpo Bus

noreply@blogger.com (South Bend Police Department) — Mon, 14 Apr 2008 05:41:00 +0000

Q: I want to know why folks up here don't STOP when a city bus is stopped and has that big red neon STOP in their back windows lit up? They just go around them into the other lane of traffic - what if someone was crossing the street or something? Where I am from, if the back of the bus says stop then you stop and wait till everyone has gotten on or off and the bus starts up again. I see this happen a lot, especially in Mishawaka. I stop and wait and people behind me get all annoyed and go out and around me and the bus.

A: Actually you are not required to stop for city buses. Under Indiana law, only school buses with flashing lights and extended stop arms require all lanes of traffic to stop. The STOP light on Transpo buses is simply acting as a third brake light to let you know the bus itself is stopping. As a courtesy, traffic should slow down, and if permissible then pass safely on the left. This may explain the annoyed drivers you are encountering.

Can I Get Hired With OWI Conviction?

noreply@blogger.com (South Bend Police Department) — Mon, 14 Apr 2008 05:37:00 +0000

Q:I was thinking about becoming a Police Officer, but I had a DUI in 2002. I have never been arrested other than that. I haven't had any problems since then. I have always wanted to be a police officer is this going to stop me from becoming one. That is why I never tried. I am currently applying [at another department].

A: I can't answer for other departments, however your past history and criminal offenses do weigh in heavily in considerations for officer candidates. In our case, a OWI (DUI) conviction will typically exclude an applicant from further consideration for employment.

Ticket for Stop Sign

noreply@blogger.com (South Bend Police Department) — Mon, 07 Apr 2008 16:00:00 +0000

Q:Can you get a ticket for disregarding a stop sign in a parking lot since it is public property?

A: Yes. Police officers can enforce this on both private and public roadways.

Fishing in River?

noreply@blogger.com (South Bend Police Department) — Mon, 07 Apr 2008 15:56:00 +0000

Q: Are the fish we catch from the St. Joe river okay to eat? Who would be a good person to ask this question of?

A: I'm no fisherman but you may try contacting the Indiana Dept of Natural Resources for more information!

Waiver on Age for Hiring?

noreply@blogger.com (South Bend Police Department) — Mon, 07 Apr 2008 15:51:00 +0000

Q: Regarding officer hiring, what about a waiver as far as age is concerned. I'm 47 and would like to see if I qualify for any SBPD Position, I'm currently in San Diego CA, former resident of South Bend and thinking about moving back home.

A: Unfortunately state law requires officer be no older than 36 at the date of hire to participate in PERF (Public Employee Retirement Fund) benefits as an officer. There are no exceptiosn or waivers made.

Website Feature Stories

noreply@blogger.com (South Bend Police Department) — Wed, 06 Feb 2008 17:27:00 +0000

If you subscribe to the SBPD Ask A Cop site feed, I would like to point out two features I added to the department home page, on reporting non emergency crimes, and also a look at "replica" BB type handguns. Take a look!

CCW Permit for County Residents

noreply@blogger.com (South Bend Police Department) — Wed, 06 Feb 2008 17:22:00 +0000

Q: How do I apply for a Concealed weapons permit for the county? What is the cost? In the past you could only apply on Wednesday, is this still the case?

A: If you are a county resident (five digit street address) Weapons carry permits are handled by the St Joseph County Police. Contact the SJCPD records office at 245-6535 for more information on this process.

I Locked My Car Keys In My Car

noreply@blogger.com (South Bend Police Department) — Wed, 06 Feb 2008 17:13:00 +0000

Q: O Jan 30th, 2008, I locked my keys inside my car with the engine on. I called the police and I got a response which annoyed me greatly. "We don't do that, ma'am." Do you think that opening people's car doors is an insignificant task and one should be
left on one's own? I lived in Berrien Springs, MI before and I did the same thing in the bitter cold and someone came to open my door. What I would like to know is why you don't do that?

A: The reason SBPD does not offer any lockout assistance for non emergency situations is primarily due to liability purposes. Modern vehicles often have more complex and anti theft measures built into them to prevent "slim jimming" of a door lock rod. As such, potential for vehicle damage, and subsequent requests by people wanting the city to reimburse them for the goodwill of trying to help is the primary reason why this is no longer done, and has been the policy for approximately 8 years now.

If you lock your keys in the car, locksmiths often have better equipment and options to assist you getting into your car for a nominal fee. In fact, officers are not issued any sort of door unlocking equipment to even be able to do so, with the exception of a window glass shattering punch, to be used in emergency situations, (such as medical emergencies, or if small children may be locked in a hot vehicle, etc)

Domestic Abuse Options

noreply@blogger.com (South Bend Police Department) — Wed, 06 Feb 2008 17:09:00 +0000

Q: I am a victim of domestic abuse. I had my husband taken to jail and have a restraint order on him. He attempted to kill me and threatened to kill his three daughters. He was intoxicated and is an alcoholic. I am not going to press charges against him but want him to stay away from me and the girls. This is why I need this
restraint order. I don't wish prison on him but would like it if he had to go to a rehab and take anger management classes but don't want him near us. Not until he
gets help. This was his first time ever doing this and I am not making excuses because he almost killed me. I am so greatful that I am alive today. I just want him to get well.

A: You should understand that is is not ever right for a significant other to abuse you in any way. I understand every situation is different but you should take steps to protect yourself and your family first and foremost. Your question on sentencing is dependent upon the judge's recommendation. Your situation would likely qualify you for a protection order, but you need to speak to a prosecutor regarding your circumstances, or contact your assigned Family Violence Unit investigator. I would also encourage you to contact the local YWCA for more information and victim assistance programs that they offer for women in abusive relationships.

Police Scanners in Vehicles?

noreply@blogger.com (South Bend Police Department) — Wed, 06 Feb 2008 16:59:00 +0000

Q: Is it legal to carry a scanner in a vehicle?

A: No. IC 35-44-3-12 prohibits radios capable of receiving police frequencies to be in a vehicle with few exceptcions, and it is an arrestable class B Misdemeanor!

Turning On Red Signals

noreply@blogger.com (South Bend Police Department) — Wed, 16 Jan 2008 16:57:00 +0000

Q: I have been wondering for some time now why there are different red lights for left turn lanes. Why do some of them have signs that say turn on arrow only, no turn on red, etc.? Is it then okay to turn on one that is just a red light with no sign?

A: IC Code 9-21-3-7 (3) spells it out for you. In short:

(3) Steady red indication means the following:
(A) Except as provided in clause (B), vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line. However, if there is no clearly marked stop line, vehicular traffic shall stop before entering the crosswalk on the near side of the intersection. If there is no crosswalk, vehicular traffic shall stop before entering the intersection and shall remain standing until an indication to proceed is shown.
(B) Except when a sign is in place prohibiting a turn described in this subdivision, vehicular traffic facing a steady red signal, after coming to a complete stop, may cautiously enter the intersection to do the following:
(i) Make a right turn.
(ii) Make a left turn if turning from the left lane of a one-way street into another one-way street with the flow of traffic.

Turning with a red light displayed under any oter circumstance is a violation of this statute, is considered "disregarding a red signal", and if stopped in violation, you can be cited with a ticket and 6 points on your driver's license!

Loud Noise From Neighbor Stereo

noreply@blogger.com (South Bend Police Department) — Wed, 16 Jan 2008 16:54:00 +0000

Q: I have a neighbor who plays his car stereo loudly. It was so loud it woke me up twice in the last two weeks. I do not want to approach this person. I am a single white female living alone. I cannot get the license plate # as he has tinted plastic covering his license plate. I couldn't see the numbers. My question is, can an officer drive by and get the license plate number and send him a warning letter in the mail to let him know he is disturbing his neighbors? I work hard and am tired of being woke up in the middle of the night.

Q: I have a neighbor who revs their engine and honks their horn after midnight repeatedly every night. We have asked them to please stop because it's waking my children who have school, to no prevail.

A: Unfortunately there is not a way to send a generic enforcement letter or contact unless an officer can verify this complaint. This would need to be done by you contacting the police when this noise complaint is taking place and if witnessed, the officer can take appropriate action, including a verbal warning or citation. I suggest to contact our non emergency number (235-9201) to report when this is happening when possible.

Do I Have A Warrant?

noreply@blogger.com (South Bend Police Department) — Wed, 16 Jan 2008 16:52:00 +0000

Q: Do I have a body attachment warrant on me? (name omitted)

A: I get this fairly often. I cannot tell you if you have a warrant or not via this forum. You need to contact the County Police Warrants Division or stop into the county jail to discuss and confirm these for you.

Weapons Capacity?

noreply@blogger.com (South Bend Police Department) — Wed, 16 Jan 2008 16:50:00 +0000

Q: I have heard that there is a ban on high capacity pistol magazines in the city of South Bend. As a concealed carry permit holder, I feel it is necessary to know for sure. Is it unlawful to carry a pistol with a high capacity (greater than ten rounds) magazine within SB city limits?

A: The former "Brady Bill" banned high capacity magazines but that law has since expired and high capacity magazines are no longer banned federally or at the city level.

Take Home Cars

noreply@blogger.com (South Bend Police Department) — Wed, 16 Jan 2008 16:48:00 +0000

Q: I understand that once you have completed FTO (Field training) you can get a take home squad car. Are the take homes available to all officers or just those in specialized units (ie. swat,k9)?

A: All SBPD officers who live in the county boundaries can participate in the take home car program. It is not limited to just specialized officers.