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May 14, 2008 
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Chief Jose L. Lopez
Police Chief
Jose Lopez Sr.
[Message from the Chief]

Police Headquarters
505 W Chapel Hill St
Durham, NC 27701
(919) 560-4427

Durham Crimestoppers 683-1200
 
Frequently Asked Questions

Question: What should I do if I am in an automobile accident?
Answer: Our first concern is your health and safety. If you are involved in an accident, determine if anyone is hurt. If anyone is injured, call 911 and request an ambulance. Render aid to the injured if you are qualified to do so. Also, if anyone is injured, or the damage in the collision is greater than $1000, then a police report is mandatory. If no one is hurt, or the damage is not greater than $1000, then the two parties may settle any claims among themselves without legally being required to file a report with the police. If you decide to go this route, be absolutely sure that you do not need a police report, as the Durham Police Department does not investigate wrecks on a delayed basis. The law states a driver involved in collisions "shall give his name, address, driver's license number and the license plate number of his vehicle to the driver or occupants of any other vehicle involved in the accident or collision or to any person whose property is damaged in the accident or collision. If the damaged property is a parked and unattended vehicle and the name and location of the owner is not known to or readily ascertainable by the driver of the responsible vehicle, the said driver shall furnish the information required by this subsection to the nearest available peace officer, or, in the alternative, and provided he thereafter within 48 hours fully complies with G.S. 20-166.1(c), shall immediately place a paper-writing containing said information in a conspicuous place upon or in the damaged vehicle. If the damaged property is a guardrail, utility pole, or other fixed object owned by the Department of Transportation, a public utility, or other public service corporation to which report cannot readily be made at the scene, it shall be sufficient if the responsible driver shall furnish the information required to the nearest peace officer or make written report thereof containing said information by U.S. certified mail, return receipt requested, to the North Carolina Division of Motor Vehicles within five days following said collision."

If your vehicle is in the middle of a busy travel lane, and the damage is minimal and there are no injuries, it is best to move both vehicles out of the travel lanes. Although it is easier for the investigating officer if the vehicles are not moved prior to his arrival, there is a risk of further damage and injury when you remain in traffic.

Our officers have been the discretion to decide whether or not to issue citations to the at-fault driver at minor crashes. The wreck report will still indicate the officer's opinion of who was at fault.
Question: Sometimes in my neighborhood, I see things that are out of place, or unusual, or people who are "suspicious". I don't really feel comfortable with calling the police. Can you tell me about the procedure?
Answer: At any given time there are patrol officers on the street. However, they cannot be everywhere in the city at once. The Durham Police Department counts on the thousands of eyes of our citizens to alert us to unusual situations. Anytime someone calls, a dispatcher will take the information, ask questions, decide on what/whom to send, and the urgency of the call. We will respond to every call for service, though obviously, the less important calls may take some time to get to. The Durham Police Department appreciates your calls and we rely on you to assist us by calling us whenever you see anything that is suspicious or unusual. There is no "non emergency" number to request the police. If you think you need a police officer, please call 911.
Question: Should I install a burglar alarm on my home?
Answer: Having an alarm system is a matter of personal choice. Some people consider an alarm to be a deterrent to would-be thieves. Others feel that the alarm gives them added security when they are home or away. Alarm systems vary in cost, depending on what type of detection system is employed. Some components are readily available at home improvement centers for "do it yourself" installation. Many licensed alarm companies are listed in the phone book. We recommend that alarm buyers get at least two bids for the work, ask for references, and make sure there is training provided to everyone who will use the alarm system. False alarms waste police resources.

Durham City Ordinances require that every alarm system user obtain a permit for each alarm system that such owner operates within the city. You can receive a Permit Application from the City of Durham's Customer and Billing Services Division (ph# 919-560-4411) located at City Hall (101 City Hall Plaza). Once complete, your application should be returned to Customer and Billing Services who may then issue you an alarm permit.

Alternately, you can download an Alarm Permit Application, print it out, and return it to the address on the application. This file requires Adobe Acrobat Reader, a free program, in order to read or print it.
Question: What are the rules for having an alarm in Durham?
Answer: Any alarm system user who operates an alarm system without a permit as required by City Ordinance shall be assessed a civil penalty of ten dollars ($10.00) for failure to secure a permit, forty-eight dollars ($48.00) for each false alarm answered by the police department, and one hundred dollars ($100.00) for each false alarm answered by the fire department. The operation of an alarm system without a permit is sufficient cause for the police department, upon notice in writing to the alarm system user, to cease responding to further alarms until the alarm system user secures said permit.

If the communications center receives in excess of one false police alarm in any calendar month from any single alarm system, the alarm system user owning or leasing the alarm system shall be assessed a civil penalty of forty-eight dollars ($48.00) for each said false alarm. Where an alarm system or systems protects a single business with more than eight thousand (8,000) square feet of alarm exposure, three (3) false alarms in any calendar month shall be allowed before a civil penalty shall be assessed. Failure to pay this penalty within thirty (30) days from the date the notice of the violation is issued may result in the revocation of the permit, and the police department may cease responding to said alarms.

If the communications center receives in excess of four (4) false police alarms in any calendar month from any single alarm system, the police chief shall disconnect any such alarm system and/or may revoke the permit, provided however, then the police chief has reason to believe that such false alarms are the result of a defective alarm system, in lieu of such disconnection or permit revocation, the police chief may require the alarm system user to cause the alarm system to be inspected by an individual or company licensed by the State of North Carolina to install and inspect alarm systems. The alarm system user shall select an individual or company to perform the inspection. If the alarm system user fails to have such an inspection performed, or if the alarm system is not repaired, altered, replaced, or other corrective action taken, the police chief may cause the alarm system to be disconnected and/or may revoke the permit, as the case may be.

For the complete list of rules, see the Durham City Code Sections 12-64 through 12-67.
Question: How can I obtain a restraining order?
Answer: Restraining orders or domestic violence orders are a function of the court system. You can find out more information by calling the Durham County Clerk of Court at 919-564-7070. Also, our Domestic Violence Unit may be able to provide advice. They can be reached at 919-560-4440.
Question: How can I get fingerprinted for a job application?
Answer: Presently the FSU does not provide fingerprinting services to the general public. The exceptions to this are Police personnel, City of Durham requests and Guardian Ad Litem Representatives. Appointments must be made in advance with the unit secretary at 919-560-4432. If you are in need of the service and do not qualify under the exceptions above, you may contact the following agencies:
Durham County Sheriff’s Office
560-0905

State Bureau of Investigation, Raleigh
662-4500

City/County Bureau of Identification, Raleigh
856-6300
Question: How do I get a permit to purchase a pistol?
How do I get a concealed weapons permit?
Answer: You must apply to the Durham County Sheriff's Office in the Durham County Courthouse at 201 East Main Street. Their telephone number is 919-560-0905. The police department does not have anything to do with this.
Question: How do I get a copy of a police report or an accident report?
Answer: You must come to the Records Division at Police Headquarters at 505 West Chapel Hill Street. Reports are available on weekdays between 7:30 a.m. and 5:00 p.m.
Question: I have a warrant on me. How do I get it cleared up?
Answer: Go to the Durham County Magistrate's Office at the Durham County Jail at 219 South Mangum Street. This is on the corner of Mangum and Pettigrew Streets in downtown Durham. The public entrance is on the Mangum Street side. You can park for free in the gravel lot across the street from the public entrance between Vivian and Pettigrew Streets. If you have no transportation to the Magistrate's Office, you can call 911 and an officer will be dispatched to your location to arrest you and take you to the Magistrate's Office to serve the warrant.
Question: I have a criminal summons on me. How do I get it cleared up?
Answer: Call 911 and an officer will be dispatched to your location to serve the criminal summons on you. You will not be arrested due to a summons. The officer has to give you your copy of the summons and also will ask you some questions so he or she can fill out a report.
Question: How do I take out a warrant on someone?
Why did an officer tell me to take out a warrant on someone instead of just arresting him right there?
Answer: In North Carolina, a police officer can only make a misdemeanor arrest when the offense is committed in his/her presence (and certain other specific times). Because of this, an officer may tell you that you need to go take out a warrant against the offender because the offense did not occur in his presence. For example, if someone assaults you and the officer tells you to go take out a warrant on the suspect, you must go to Durham County Magistrate's Office at the Durham County Jail at 219 South Mangum Street. This is on the corner of Mangum and Pettigrew Streets in downtown Durham. The public entrance is on the Mangum Street side. You can park for free in the gravel lot across the street from the public entrance between Vivian and Pettigrew Streets. Please note that you need to know the suspect's name and address and be totally sober (not have any alcohol on your breath) before the magistrate will issue you a warrant.
Question: I took out a warrant or a criminal summons on someone. Why hasn't it been served?
Answer: Once you take out a warrant, it must be processed through the Clerk of Court and then the Durham Police Department's Warrant Control Unit. This may take 3-4 days, especially if you take out a warrant or criminal summons on a weekend. If this time is passed, and you know where the suspect named on the warrant is, call the Warrant Control Unit at 919-560-4434 and ask if the warrant has been served. If it has not been served, and you know where the suspect is, they can arrange to have a patrol officer attempt to serve it.
Question: You arrested someone. What is his or her bond? Where are they?
Answer: When a Durham police officer arrests someone, he/she may be taken to headquarters or to a police substation for questioning and processing. After any questioning is completed, they will be transported to the Durham County Jail, where a magistrate will determine the conditions of their release. Once the magistrate sets a bond, they will either be let go (unsecured bond or written promise to appear) or kept in the Durham County Jail (secured bond, cash bond, no bond.) Once they are in the jail, they are in the custody of the Durham County Sheriff's Office. The Durham Police Department does not have prisoner information. You may call the Durham County Sheriff's Office intake office at 919-560-0772 for inmate information. You may also call the magistrate on duty at 919-560-6826. Sometimes people are arrested due to out-of-area warrants. They are normally held in the Durham County Jail until the agency that wants them can arrange to pick them up and transport them back to where they are wanted. Also, sometimes the Durham Police Department will arrest someone on federal charges. These prisoners are sometimes taken directly into federal custody.
Question: What can I do about stray dogs and cats and barking dogs?
Answer: The Durham County Animal Control Department takes care of all animal services in both the City and County. They can be reached at 919-560-0630 during business hours. After hours, either leave a message or call 911 if there is an emergency such as a dog bite or an injured animal. If your dog or cat has been impounded, call the Durham County Animal Shelter at 919-560-0640.
Question: Can the police open my car if I have locked my keys inside?
Answer: Durham police officers are no longer allowed to open locked cars as a courtesy, due to the possibility of damaging the electric components found in the doors of newer cars. If there is an emergency, such as a child locked in the vehicle, an officer may open the car by breaking a window. If it is not an emergency, we suggest that you call a locksmith. Durham police officers do not carry "Slim Jims" in their cars for citizens to borrow.
Question: Can I make a police report at any time of day and do I need to make an appointment?
Answer: The Durham Police Department can take a police report at any time of the day or night. Please remember, however, that the chances of us solving a crime go down substantially if you wait a long time to report a crime. If you want us to be able to help you, please report any crime as soon as you are aware of it.
Question: Can I make a police report over the telephone or does a police officer have to come to my house?
Answer: When you call 911 to report a crime, the 911 call takers determine whether a call can be handled by our Telephone Response Unit. Examples of calls like this would be police advice calls and stolen items where there is no crime scene to process. Be assured that the officer that you talk to is a fully certified police officer who is trained to help you.
Question: Is there a waiting period before I can report someone missing?
Answer: No. You can report someone missing as soon as you realize that they are missing. It is helpful to report missing children and elderly persons as soon as possible, so that we can get a search organized.
Question: Someone has abandoned a junk car in my parking lot or on my property. Can the police tow it away for me?
Someone has abandoned a junk car on the street near my house. Can the police get rid of it?
Answer: The Durham Police Department can only tow abandoned vehicles that are on the public streets or highways of our city. If the vehicle is a danger to motorists (i.e. left in the roadway) then we can tow it immediately. If it is parked out of the travel lane, we have to tag the car and send the owner a notice to move the car. If it is not moved in 7 days, we will then tow it. If the vehicle is on your property, contact a towing company (look in the yellow pages of your phone book under "towing"). They will remove the vehicle at no cost to you. For abandoned vehicles on property where the owner is unknown to you, call the City of Durham Department of Housing and Community Development at 919-560-4570.
Question: I do not have any transportation and have to get somewhere. Can a police officer give me a ride?
Answer: The Durham Police Department does not provide rides to the public, unless they are under arrest or detention. We suggest that you contact the Durham Area Transit Authority or a local taxi company.
Question: I have left my spouse and am living elsewhere but I need to get my clothing and other items. Can the police help me?
Answer: We can stand by while you attempt to pick up a change of clothes, the tools of your trade, and any medicines that you may need. We will not stand by for lengthy periods of time while you attempt to remove furniture or other items. The custody of any items is a civil matter, and we cannot make one party give anything to the other party. The pickup of any items other than what was mentioned above must be done in agreement with the other party.
Question: I need to get a message to someone that does not have a telephone. Can the Police Department go to the person's home and deliver the message?
Answer: We can only deliver emergency messages, such as death notifications, and not routine messages.
Question: My family and I are going on vacation. Can the police keep an eye on our home while we are gone?
Answer: Call the district substation where you live and request a house check. We will attempt to keep any eye on your property as much as possible.
Question: We have a problem with speeders in our neighborhood. What can we do about it?
Answer: Call the district substation where you live and tell them about it. Also, you can contact the Traffic Services Unit at 560-4314 and ask for them to conduct speed enforcement in your area.
Question: Why did it take so long for the police to come when I called them last night?
Answer: There are only a limited number of patrol officers available to answer calls for service. Higher priority calls are handled before lower priority calls. Calls where life or property may be imminently in danger are dispatched first.
Question: How can I evict someone from my property?
Answer: The Durham Police Department does not handle evictions. In order to evict a tenant, you should first determine whether by law or by your lease contract you have to give him notice and request he leave before you file your case. After you have given notice and waited the requisite period (often, but not always, 10 days), you need to file what is called a "Complaint in Summary Ejectment." You may file these papers with the Clerk of Superior Court, on the third floor of the Durham County Courthouse at 201 E. Main Street. Information packets on Summary Ejectment are also available by visiting this office or calling the Clerk of Superior Court at 564-7070. Note that many of these forms are also available online at www.nccourts.org. Briefly, the complaint is served by a sheriff's deputy, and a court date is set in small claims court. The court can then order the eviction of the tenant. An attorney who practices Landlord-Tenant law may be able to answer your questions and/or assist you with the process. The North Carolina Bar Association has a referral program that you may choose to utilize through 1-800-662-7660 or online here. The North Carolina Magistrates Association also has a Guide to Small Claims Court that addresses some of the issues involved in this process.

The Durham Police Department's District 2 PAC (Partners Against Crime), the Durham Association of Realtors, and the Triangle Apartment Association have created a web page devoted to Evicting Tenants for Drug-Related Offences in North Carolina.

The Durham Police Department does not serve the Summary Ejectment papers or perform "set-outs" in evictions. This part of the process is handled by the Durham County Sheriff's Office, They may be contacted at 919-560-0901.
Question: How can I obtain a Durham Police Patch for my collection?
Answer: The Durham Police Department patch is beautiful and is worn by some of the finest men and women in law enforcement. Unfortunately, right now we do not have patches available for sale or trade. It is possible that we will be able to respond to these requests in the future.
Question: What happens to unclaimed property?
Answer: Unclaimed found property will be sold at public auction after a specified period of time and after attempts have been made to contact the owner. Auctions are held periodically and will be advertised in the Herald-Sun newspaper and by yellow signs at police headquarters.
Question: I have been charged with a traffic infraction or a crime. Can I reschedule the court appearance date?
Answer: The Durham County Clerk of Superior Court schedules all court dates. Contact them at 564-7100 for information on doing this.
Question: Property of mine was turned into the police department. How do I get it back?
Answer: The department receives property in two different ways, evidence and found property. Property may be claimed from the Property and Evidence unit at Police Headquarters Monday - Friday between the hours of 9:00 a.m. and 4:00 p.m. by appointment. Call 560-4442 to schedule this appointment. You must have a current and valid form of identification. You must show documentation of ownership to support your claim. Property turned in as evidence may only be claimed with a court order. A court order can only be obtained from the court after the case has a final disposition entered.


 
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