South Bend Police Blog

Changes Ahead

2009-06-06T09:35:00.003-04:00

After three years of handling the Ask A Cop blog, I have planned some changes, in conjunction with the ongoing redo of our website and our content.

This past week we implemented two new interactive features, notably our Facebook page and updates from Twitter.

With those two features, I have found that our unofficial news updates are taking on a more blog type twist, and with that, the way news and other announcements are broadcast is changing.

My "for now" intent is to gradually move Ask A Cop from a dedicated, standalone feature to being incorporated into our SBPD Blog, which will be a catch all of features that are now spread all over. The blog will likely contain:
- New website featured content announcements
- Crime Prevention tips and announcements
- Ask A Cop questions
- Stories from certain calls or situations periodically
- and anything else about goings on

So for those of you that take the time to check in, Ask A Cop is not going away, but will be morphing over to incorporate some of this other stuff that will hopefully enlighten you as to what goes on at our department outside of making arrests and doing reports.

I can tell you that not many police departments try to share and interact in these kind of styles, and hopefully my approach to the website and its content is unique in many ways for residents and readers. It will get more interesting over the next few months, so please stay tuned!

In the meantime, keep checking this page for updates, more questions being answered, and please check out our Twitter and Facebook pages and join us there!

- Cpl. Edward Koczan
Web Content/Design Manager

What's Going On

2009-05-27T11:27:00.000-04:00

Sorry for the lack of recent Ask A Cop updates. Questions have not been as frequent to warrant weekly updates. I added some of the newest ones and should have more later this week.

This week we implemented our South Bend Police Twitter account. For those of you who are not familiar, Twitter is a social networking and microblogging service that allows you answer the question, "What are you doing?" by sending short text messages 140 characters in length, called "tweets", to your friends, or "followers."

Follow us @ Twitter here! http://twitter.com/southbendpolice

We are still smoothing out some details, but expect to see relevant news updates, crime prevention and safety tips, and other special features only for our Twitter followers. In addition you can be notified via tweets or SMS text massages from Twitter to your phone when Ask A Cop is updated!

Also our Fall Citizens' Police Academy will begin SEPTEMBER 8, 2009 and does fill up fast. You can sign up and download the form online from our home page!

Check back this week for more Ask A Cop questions and thanks for reading!

Wearing A Seat Belt

2009-05-27T11:08:00.002-04:00

Q: My shoulder harness chokes me. I have the clip set as low as it will go. My carotid artery in my neck gets choked off whenever I turn my head to look out the drivers side. I have tried many kinds of things that are supposed to prevent this, but none work. How can I drive with seatbelt fastened without injuring myself? I am short, but I can see out my windshield fine, so now what can I do?

A: Indiana law requires seat belt use for all occupants in passenger cars and trucks. One thing I routinely encounter is persons who wear the belts incorrectly; i.e. tucked under the armpit, or older motorized belts where the top part is on, but not the bottom lap portion. These are incorrect.

In short, to be compliant with Indiana seat belt laws, you MUST wear the belts as 'designed by the vehicle manufacturer intended', which is in the traditional lap and shoulder harness, worn on the outer portion of the shoulder.

If your car does not allow height adjustment on the B pillar area, and you find discomfort, you may look into aftermarket "clips" that can be designed to reposition the points of the belt. A google search should return several options for you.

Otherwise, I can tell you from first hand experience in working hundreds of crashes, that NOT wearing your belt does a lot more personal injury- and death I have seen- by not wearing that belt. Do yourself a favor and wear your belt when driving.

HTV Offenses?

2009-05-27T11:03:00.002-04:00

Q: If a drunken driver loses his license for life, does that mean he can get his license back after so many years?

A: The Indiana BMV can revoke or restrict licenses for persons deemed to be a Habitual Traffic Violator (HTV). There are three ways to become a habitual traffic violator under Indiana law.

First, you can accumulate at least 2 very serious violations (vehicle homicide, operating while intoxicated causing death, etc) within a ten year period.

Second, you can accumulate at least 3 serious violations (operating while intoxicated, reckless driving, etc) within a ten year period.

Finally, you can accumulate at least 10 violations (speeding, stop sign, turn signal, etc) with a ten year period.

The penalties can be a 10 year ban or a lifetime ban. HTV violations are a felony offense.

Sex Offender Address Updating

2009-05-27T10:54:00.006-04:00

Q: I know that a registered sex offender has moved and not reported an address change. Who do I report this to?

A: Contact St Joseph County Police Dept Detective Sonny Oakley or detective Steve Metcalfe at (574) 235-9569. These officers track Sex Offenders in St. Joseph County.

About the ND Commencement

2009-05-27T10:54:00.003-04:00

I received a lot of questions from non-area residents about the recent ND Graduation controversy. I will publish the best one to answer here>

Q: It showed an elderly Catholic priest protesting Notre Dame for having President Obama who undoubtedly is the most pro-Abortion President this nation ever had as a commencement speaker. This is not just wrong but what has the police to do with it. He didn't commit a crime, no he wasn't even standing outside an abortion clinic. Are we so derailed that we can't distinguish right from wrong, a crime from difference of opinion.

A: In short, the University of Notre Dame is private property, just like your residence. The UND chose to restrict persons from protesting on campus who did not have a right to be on campus property. After being advised they needed to leave UND property, those who chose to not leave were arrested by UND police officers (separate agency from our own), and they were charged with Criminal trespass, which is the Indiana statue for trespassing.

Other protestors who came and held protesting off campus on city streets were not found to be in violation of other laws and were allowed to exercise First Amendment rights. In short, the arresting charge was for trespassing, and no other offense related to the controversy.

What's Happening Outside?

2009-05-27T10:49:00.003-04:00

Q: Hello, I live in the 1700 Block of N Brookfield St. Last week, early morning, I awoke to what I thought was knocking my family was asleep, I looked out the front picture window and seen that there was like 4 squad cars across the street, with no one around or inside the cars. I was wondering if you could find out what was going on around here at that time of morning.

A: Unfortunately I do not have a means to track down individual details. That many uniform cars responding to a call is usually some sort of residential disturbance, a domestic argument type call, or possibly a search for a person with a warrant. My advice here to readers is if you see this type of call, for your own safety, please stay inside your homes, make sure your kids are brought inside, and let officers focus on the task at hand. Thanks!

Vacant Apartment Trespass

2009-05-27T10:44:00.002-04:00

Q: Hi, I own a apartment on the northwest side. My tenants said they called about a unit next door that has a unit empty and kids congregate in the apartment by break in and party. The landlord of this building I have been told is bedridden and does not know this. When they called and told police, they were told them they could not do anything. Is that true?

A: If a unit is empty and is not secured, code enforcement should be contacted or the complex management should be informed to take steps to secure the unit. If persons are found inside and they are not informed by the property owner (if that owner can be found) they will be advised they are not welcome on the property. Further repeat incidents once informed can lead to trespassing charges.

Problem is when there is no known or reachable owner to advise police or the unwanted persons that they are not welcome on the property, it is near impossible to prosecute for trespass. Hopefully sealing the property will alleviate this problem.

Hiring Questions

2009-05-27T10:38:00.002-04:00

Q: I've decided I would like to join the police force. I have serious doubt that I can make the requirements. I have done some immoral and illegal things in my life as most of us have. I've never been charged or arrested simple traffic violations are all that are on my record. My question is a three parts. The first is I have experimented with marijuana. Will this stop me from joining the force? The other is I have partaken in some illegal action of which have stopped. I know that you have to take a lie detector test. If I answer truthfully to the question, will it disqualify me.

A: I can only encourage you to apply and see where it takes you. Experimental marijuana use will not necessarily disqualify you, but truthfulness about ANY illegal activity in the past is essential to being considered for employment. As for the other "immoral" activity you mention, I don't have anything to do on, so I would suggest you apply or call our recruiter by contacting our Training Bureau.

Safe Streets Ordinance

2009-05-27T08:57:00.000-04:00

Q: Can a group or individual solicit for a charity, themselves, or to sell items like candy at intersections?

A: No. In South Bend, the "safe streets" ordinance prohibits soliciting from a roadway area.
Safe Streets Ordinance 18-20(b) - states:

"No person shall at any time step into any street or alley, or use any object to reach over and into any street or alley, for the purpose of soliciting any donations, money, credit, property or other thing of value, or for the purpose of selling, distributing, offering or attempting to sell, distribute or offer any merchandise, membership, subscription, ticket, written material or other items. Any person found to be in violation of this subsection shall be fined one hundred dollars ($100.00)".

Using Deadly Force

2009-03-04T16:06:00.003-05:00

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.

Bow Hunting in City Limits?

2009-03-04T16:04:00.002-05:00

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 question...is 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.

Elderly Driving without License

2009-03-04T16:00:00.002-05:00

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.

Weapons Carry Etiquette

2009-03-04T15:58:00.003-05:00

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.

Hit & Run- What Happens?

2009-03-04T15:56:00.002-05:00

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.

Employment with an Underage Drinking Conviction

2009-03-04T15:53:00.001-05:00

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.

Driving with Expired License

2009-03-04T15:47:00.002-05:00

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!

Which Areas Are Safest?

2009-03-04T15:44:00.002-05:00

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!

Bumper Needed On Car?

2009-03-04T15:35:00.003-05:00

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.

Police Scanners in Vehicle?

2009-02-12T11:40:00.001-05:00

Q: I was wondering if it is illegal to have a hand held scanner in my vehicle? This scanner picks up nascar racing and police etc. If this is illegal, how do I go about obtaining a license or permit so I can have this in my 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!

Elderly Relative Driving Without a License

2009-02-11T21:23:00.000-05:00

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: Driving without a license (suspended) will usually result in being cited and having your vehicle impounded. For the safety of you and your relative, I would contact the BMV and advise them of this situation and see what other remedies may be available.

Residential Alarms?

2009-02-11T13:16:00.000-05:00

Q: Do you feel that a residential alarm system acts as a deterrent to robbery? I have been recently told that the police feel it is not - I had always felt that it was a good idea and a helpful prevention method. I realize that it is only a form of prevention, not a guarantee, but am curious to an official opinion. Thank you very much for your time and information.

A: I recently published a featured story on alarm systems, viewed here: http://southbendpolice.com/community/alarms.htm. Like you say it is a prevention, however in general the vast majority of alarms we respond to tend to be false and can generate fines. On the other hand, they do provide peace of mind and somewhat of a deterrent compared to houses that may not have alarm signage.

Parking Over Sidewalk?

2009-02-11T12:40:00.002-05:00

Q: My husband and I live within city limits and want to know if you are parked in your driveway why can you still get a parking ticket if the cars go all the way to the road and block the sidewalk a bit? We have never had this complaint before and have a large family with gatherings often and I don't want to have a problem with this.

A: The car parked in the driveway may not block or obstruct the actual sidewalk crossing area, otherwise the parked vehicle is considered a pedestrian traffic obstruction and you could be cited. Parking should end before the sidewalk begins and cannot block or restrict the widewalk access.

Handling Prank Calls

2009-01-18T14:32:00.003-05:00

Q:. There is a group of kids in our neighborhood that I suspect are making prank calls. I have blocked their number, but they some how manage to call anyway (either they have another phone or they block their number). I have talked to the mother of the kids before (we've had many issues with these kids) and she simply does not care. The past couple of days it's gotten really annoying. What can we do about this?

A:. Working with your phone company yields the best results. AT&T customers can use the AT&T Annoyance Call Bureau to investigate and take steps to block. Other services I suggest you can add to your phone is Privacy Manager, or try using Call trace (*57) to attempt to establish the source by working with the phone company. The AT&T number is 800-769-4099.

What Kind of Education to be a LEO?

2009-01-18T14:27:00.004-05:00

Q.: If I don't have a criminal justice degree but I do have an associates in another field what are the steps I need to take to get into the law enforcement career?

A.: You do NOT need a degree in Criminal Justice to have a career in that field. Any advanced level of education (Associates, BA, MBA) is all fine when applying for a career. Having a CJ degree will not necessarily give you an edge over someone without one. Personally, I tell those interested to think about a degree in a similar field where that expertise can be of value as a LEO but in a different area, such as Psychology or English/Language Arts, Computer Science or even Writing. Good luck!