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Ask A Cops! May 12, 2010

Posted by southbendpolice in Ask A Cop.
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Q: My dad and I were driving downtown today and I saw a “CVO” car with red and blue lights on it. My dad didn’t believe me and said that only NEST and regular marked patrol cars have blue and red lights. Do CVO’s have blue and red light on them?

A: Yes our CVO (Civilian Volunteer Officers) patrol cars do have red and blue lights, which by the rules of the CVO program are allowed to be used only when the vehicle is parked and stationary. The primary duties of CVOs in this case are for controlling and directing traffic, and for purposes of Indiana Law require red and blue lights designating them able to do so. CVOs to not perform traffic stops or other criminal enforcement.

Q: If my dog gets out of my yard and into the street,I was told that I could be liable for damages to someone’s vehicle if he were to get hit due to the leash law in St. Joe county. Is this true? I can find references to a leash law in news stories,
but cannot find the actual ordinance anywhere.

A: By city law ordinance, owners must restrain their pets at all times, and failure to do so could put you liable for civil penalties or damage claims. More info on the city Animal Control website here.

Q: Is there anything I can do, legally/in general, to stop my neighbor from driving through my backyard. She can access her backyard through the same alley, it’s just easier to drive across my lawn in her opinion. I’ve talked to her about it multiple times and she ignores me.

A: You may be able to fence or partition your property off with some means of fencing, cable, or other obstruction that would prevent a vehicle from being driven past it on your property. You may also want to contact an attorney for further civil remedy advice, as it is not a criminal matter police can enforce. The Lawyer Referral Program of the St. Joseph County Bar Association is an attorney referral program that places clients in need of services with an attorney suited to meet their legal needs. When you inquire about a referral you will need to explain the particular area of law, or the circumstances of the situation that prompts you to seek an attorney. Call 574.235.9657 or visit their web site for additional information.

Q: Are people with burglar alarms required to register them with the South Bend Police Department?

A: No. More information on the city alarm ordinance and w word about police response to alarms is covered here.

Q: I was arrested in 1999 and charged with domestic battery. I took a plea agreement for misdemeanor battery and completed a course of anger management as well. Due to this charge I am not able to obtain employment through the prison or police systems. Can I get a petition to restore my firearms rights and if the courts granted it would I be able to get a position in either prisons or local police depts.? What can I do to become weapon certifiable again and have the right to possess firearms?

A: Conviction of Domestic Battery by Indiana Law (and true of most other states as well) will preclude you from obtaining employment in law enforcement and to have a weapons carry permit or to possess, as defined in IC 35-47-2-1

Carrying a handgun without a license or by person convicted of domestic battery
35-47-2-1 Sec. 1. (a) Except as provided in subsection (b) and section 2 of this
chapter, a person shall not carry a handgun in any vehicle or on or about the person’s
body, except in the person’s dwelling, on the person’s property or fixed place of
business, without a license issued under this chapter being in the person’s possession.
(b) Unless the person’s right to possess a firearm has been restored under IC 3-7-13-
5 or IC 33-28-4-8, a person who has been convicted of domestic battery under IC 35-
42-2-1.3 may not possess or carry a handgun in any vehicle or on or about the person’s
body in the person’s dwelling or on the person’s property or fixed place of business.

Q: Is it legal in the state of Indiana to modify a 49cc moped and it still be street legal?

A: Modifying being a generic term I assume you are meaning to create more power, etc. With that said that would change the bike from a “motorized bicycle”/moped designation to that of a “motorcycle” by IN law which would require licensing. As such, When a scooter is considered a motorcycle:
(1)When it is rated at more than 2HP; and
(2)When it has more than 50cc; and
(3)When the designed speed is greater than 25MPH.

If this is the case in the latter example, then it is considered a motorcycle
(i) Drivers and passengers under 18 must wear head and eye protection;
(ii) Drivers must have with them a valid motorcycle endorsement or motorcycle learners permit;
(iii) The vehicle must be registered (license plates) and insured;
(iv)All other motor vehicle laws apply;
(v) It may be driven by no more than 2 side by side in a single lane.

Q: I live with two friends who both have a felony conviction. If I got my gun permit and it was an issue, if the police asked ask me if anybody had a felony and I said yes would they go to jail because of their felony?

A: Persons with a felony conviction are prohibited from possessing firearms, so it would depend upon the circumstances, however it would be your responsibility as a gun owner to take steps that the gun would be secured at home, or only in your immediate possession. If they would not be deemed as having access to the weapon, then it would not likely be confiscated or persons arrested for “possession” if they did not have access to it in the house, as an example.

Q:
I need to renew my concealed carry permit because I have recently moved from Elkhart to South Bend. Where do I need to go to renew?

A: If you live within the city of South Bend limits (3 or 4 digit address) then you would need to stop by the Records office in the lobby of the station, at 701 W Sample between 8am-6pm, Mon-Friday. State Handgun Permit Applications are currently: $10.00 (4-year) $50.00 for lifetime permit.

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