Previous Years' Questions

What happens if someone refuses to do the field sobriety tests and/or refuses to blow into the breathalyzer if they are pulled over?

Field sobriety testing is only done when an officer suspects the driver to have been drinking, likewise for the breathalyzer. Both are part of an investigation in determining if a driver has been drinking. If the driver refuses these tests, the officer can arrest the driver for Operating While Intoxicated (OWI).

How much is the fine for not having insurance for your car?

Unfortunately, the Iowa Code reads such that even if you have insurance and don't have your insurance card in your car, then you can still be cited just as if you didn't have insurance. The fine for failing to have proof of insurance is $342.00 and is nearly double that if you're involved in an accident.

Is to protect and serve a motto or is it the law for the police?

When a law enforcement officer is hired he/she has to take an oath. Part of this oath is his/her swearing to "protect and serve". It is not a motto, it is a rule that we live by.

Do the police have to read people their rights when they arrest them?

No. The Miranda rights do not have to be read to an arrestee. It is a good practice for officers to mirandize any person in their custody, but not required.

I live in Missouri and my truck tires exceed the fender well width. If it is not against the law in Missouri and against the law in Iowa, will I be cited?

You can be. It would be up to the officer stopping you whether you are warned or cited. Whatever state you are visiting, you need to abide by the laws of that state, no matter what your home state is.

What can i do about a barking dog-annonomously?

You need to call the city police department or the sheriff's office. If you want to remain anonymous, just let whomever you speak with know that you don't want your name mentioned.

Questions from 2005

Is it illegal to drive with clear plastic on the front passenger door?

You have to be able to see through your side windows. Dark tinted windows or anything obstructing your view would be a reason for you to get pulled over and possibly be cited.

Are police allowed to interrogate a suspect after they are arrested but before their rights are read to them?

Yes, an officer can quesion a suspect before advising that suspect of his/her rights. However, only answers given after the miranda warning can be used against that suspect. Voluntary statments given any time should be admissable.

Comment: I recently received a speeding ticket from a motorcycle officer who claims he "paced" me doing 58 mph in a 40 mph zone. I find it hard to believe I was traveling that fast and what makes it even more unbelievable is that he claims he had time to catch me, pace me and pull me over all within a half-mile.

My questions are:

What are the rules as far as how long an officer must pace you to get an accurate reflection (in distance)?

Also, what are the rules on how often a motorcycle speedometer must be calibrated in order to be able to use it for pacing purposes?

To answer both of your questions, I would have to refer you to the jurisdiction from where you received the citation. Each jurisdiction will be different on whether they will or will not prosecute a "paced" speed citation and what the requirements are for the pursuing vehicle.

If you are a minor and at a party but not drinking. Can you still get a possesion of alochol?

Not having alcohol in your system doesn't mean you weren't in possession of alcohol. Either way, your parents should be notified and the schools should be notified also, that you were at a party where alcohol was being served. The schools could keep you from participating in any extracurricular activities.

What is the usual penalty for a first offense 18 year old who is cited for being in possession of alcohol in a dorm room or apartment ?

A minor in possession of alcohol is a simple misdemeanor and according to the Code of Iowa is punishable by a fine of one hundred dollars for the first offense.

Questions from 2006

Hello, how are you doing. I have an uncle who has done maybe mild things to people. Well let me start with this. He got out of prison I think in August of 2005, he tricked a who woman in to getting him a car. Ran off with the car and moved to Orlando. The people are looking for the car and he toke the car three days before his birthday to a chop shop, robbed a reformer fiance of $2500, Harassed her daughters and niece. Toke his niece's clothes and threw them out of someone else's house. Nothing has been done to him and he still gets away with anything. Why is that and Is there anything that can be done?

To answer you questions I should probably do this one at a time. Try to understand, this will be according to the law, not necessarily what is morally right. I am not sure what you mean by "tricked her into getting him a car", but if he was given a car as a gift, then he can take it wherever he wants to because it is his, no matter who paid for it. The key is, "who's name is on the title". If he owns the car he can also take it to a chop shop because it is his. Robbery is illegal and therefore a criminal offense, as well as harassment is a criminal offense. Throwing someone's clothes out is not really criminal unless some of those clothes were destroyed. I can't answer why nothing has been done. But I can tell you that some state's laws are stricter than others, in other words, what might be illegal in Iowa might not be illegal in another state, at least to the same degree.

1. If a driver is suspected of drinking and fails the tests and i was a passenger in the vehicle, do i have to take the tests or can i refuse? 2. also if i was sober and there was alcohol in the vehicle would i get an MIP?

1. If you are a passenger in the vehicle, you would not need to take the tests, unless you were going to drive the vehicle away. Then if the officer believes you have been drinking as well, he might ask you to take the tests. If you refuse, which you can do, then you just won't be able to drive the vehicle. 2. If you were in direct control of the alcohol and you are under 21 years of age, then you could be cited or arrested for an MIP, whether the alcohol is in your system or not.

What are the laws about having handguns in your vehicle or on your person?

There are many restrictions to carrying a weapon and too many to list them all here. The Iowa Code section for "Weapons" is Chapter 724. I will briefly explain a few of them. 1. Any person having a lawful purpose can carry or transport an UNLOADED pistol or revolver in a vehicle inside a CLOSED and FASTENED container or SECURELY WRAPPED package which is too large to be concealed on the person, OR inside a cargo or luggage compartment where the pistol or revovler WILL NOT BE READILY ACCESSIBLE to ANY person riding in the vehicle or common carrier. 2. Any person having a lawful purpose can carry an UNLOADED pistol, revolver, or other dangerous weapon inside a CLOSED and FASTENED container or SECURELY WRAPPED package which is too large to be concealed on the person. (So basically, if you carry or transport a weapon, it must be in a fastened container or compartment of some kind and it must not be loaded or concealed on a person. ****A good rule of thumb-have your handgun in a secured container, unloaded, and away from you. Keep the ammunition in a different location also in a container. i.e. gun in gun case in trunk, ammo in factory packaging in glove box.) Check you local laws as they might be different. The only exception to this is if you have a permit to carry CONCEALED. Then there are different rules to follow, which you will find out if you obtain that permit.

I read the last question and was just wondering, can you carry a pistol in a holster or not?

The law states that a gun must be in a closed and fastened container and that it must be unloaded. A holster would not be a container. Also, when a person obtains a permit to carry a weapon, it is to carry concealed. A weapon in a holster on a person's side would not be concealed. However, there are holsters out there that are designed for concealed carry.

Questions from 2007

I would like to know what i should do about this situation.

My daughter has been getting threats and phone calls from 3 girls saying they are gonna slit her throat. She had been ignoring them for quite some time now and they just won't leave her alone.
she even refuses to go to the mall or bowling alley because she knows that they will be there.

now what could i possibly do about this?

This would be considered a criminal offense. It could be charged as harassment and if any of this is being done in person, it could possibly be an offense of assault. It would a depend on the circumstances. The first action that should be taken is to officially report this to the police. Once a report is filed, the criminal justice process will begin.

How does my 14 year old obtain a learner permit to drive? and where? Are there special restrictions?

A learner's permit can be obtained from any treasurer's office in the state of Iowa that offers the service. The applicant must pass a vision test and a 35 question written test. There must be written approval from the parent or guardian before the test can be taken. Once the permit is acquired the driver must be with a licensed driver from their immediate family of 21 years of age or older. Or with written permission they can be with a licensed driver of 25 years of age or older.

Where can I find the book so my son can study for a learner's permit and where does he go to take the test?

The treasurer's office in your local courthouse should have the permit study book. If they don't then they will be able to point you in the right direction.

Is the postion as a reserve officer a volunteer position?

Yes, it is a volunteer position. However, a reserve police officer, depending upon the state they live in, as well as the department they work for is paid at least one dollar per year for their services. Also dependant upon their department, they can be required to "ride along" a certain amount of hours, as well as attend a certain amount of training.

If you are moving from one county to another, can you keep your current plates on your car or do you have to change them when you become a legal resident of that county?

You can keep the current plates on your car, BUT you will need to register your new address at the treasurer's office of the new county you moved to.

I noticed the past week with the weather being nice and we were out taking a walk, how the park tables were in need of a fresh coat of paint, my question is, Is the paint donated? or is it on a more volunteer basis as lending a helping hand to help paint? Not all of the park tables are wood so I am not sure on the clean up on those that aren't.

Any questions toward the clean up of parks should be addressed to your local Park and Pool Board. Most will accept any type donations as well as people volunteering their time. Leon's Park and Pool Board meetings are held on the first Wednesday of every month at 7:00 PM. Anyone is welcome to show up and address any questions or concerns they may have. If you need more information you can contact City Hall at 641-446-6221 and ask for Keeta.

I have a 17 year old son who still lives at home but has dropped out of school and is getting his GED, he has a g/f that he is very abusive toward, they share a 4 month old daughter. She has left countless times just to come back to his "I'm sorry", but it continues, there are also several other minor children in the house that see's this, Is there some kind of help or should we just call the police the next time he goes into one of his abusive fits. This not a first time incident, but I am afraid that it will continue and someone might get seriously hurt. Where can you find help for this situation?

It sounds like the police should be called, if anything, to make sure it doesn't get too out of hand. Often times in situations like this, someone eventually does get seriously hurt. If it is a bad living environment for children then the "Department of Human Services" can be called. Also, the "Rural Iowa Crisis Center" is very good at giving advice in these cases. If you would like to talk to someone about this, you can call your local police station and ask to speak to an officer.

Now that nice weather is here and many of us has started yard work we have brush piles and tree limbs that has grown over the winter months, are we allowed to burn these piles or is there a no burn policy? How do we go about getting these piles removed?

You can burn normal "landscape waste". The term includes tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings. You would need to check with the City Hall or Sheriff's Office before you burn to see if there is a burn ban on at that particular time. Burn bans are usually set during very dry times of the year. You can also bag up your piles or neatly place larger yard waste beside the road and the city will pick them up for an additional charge. For more details call the City Hall in Leon.

I have a friend that would like to become a police officer. When he was younger, he dabbled in drugs (marijuana). He did something a little more than marijuana 4 1/2 years ago...they are saying you need to be clean of drugs for 5 years. Is this going to be a setback???

There is no clear cut answer other than, "Yes, it could be a setback". What I can tell you is that a thorough background investigation will be completed. That would mean contacting references, schools, former employees, etc. Also, as related to the topic you asked about, a specific requirement to being a law enforcement officer is not being addicted to drugs or alcohol. This topic would be better discussed in person or on the phone. If you have further questions you can contact cityhall and speak to an officer.

If 2 people where in a car where there was alcohol, and they got stopped and searched, shouldn't both of them get M.I.P's?

No they SHOULDN'T, but COULD they, sure. It depends on many things; Whose car is it? Who is driving or in control of the vehicle when they are stopped? Do any of them have alcohol on their breath? Do any of them admit that the alcohol is their's? Here are a couple of scenarios:

1. They are stopped, they are both drinking, neither of them are of age, alcohol is found in the car, there are two open cans in the car. It is possible that they will both get an MIP, as well as be cited for "open container" and the driver would possibly get an "OWI" or at least probably a ".02 revocation".

2. They are stopped, none of them are drinking, none of them are of age, a closed case of beer is found in the car. Possibly, only the driver or the person in control of the car would get an MIP.

In both cases, it will depend on many circumstances to determine the outcome.

Is there special restrictions for Halloween? We have not lived in this area very long and am not sure what are the can do's and can't do's for the holiday. Are kids allowed to go door to door? Are we allowed to decorate our yard with halloween ideas? Because I do have kids this has always been an exciting night..what are the restrictons for this area? Plus if you can decorate your yard with halloween ideas is there limits? Please inform me as Halloween will soon be upon us. ~Thank-you~

Yes, for the Leon area, kids are allowed to go door to door. Yes, you can decorate your yard. As far as the fine details go, you should contact the city hall at 641-446-6221. They can tell you the trick or treating hours, the date of "Beggar's Night" and so on.

Questions from 2008

Is it against the law to ride a bike on the sidewalk if ur trying to get off it, because it is dangerous to go on a bike while on the road. So can you get on it first on the sidewalk and go onto the road? I am only 17 and got 2 tickets already, the cops think I was riding the bike for a distance on the sidewalk. And plus my mom gets worried when I ride on the street.

If there is a law stating that it is illegal to ride your bike on a sidewalk, then, according to the law, it doesn't matter how long you ride your bike on the side walk (2 feet or 2 blocks), you can be cited.

How can I find out the crime rate in a certain are of Tallahassee?

Most of the information that you are looking for can be found by searching the internet (Google, Yahoo, etc.). This is one website I found by searching Yahoo; http://tallahassee.areaconnect.com/crime1.htm

Another place to look is on the FBI site. They have statistics from year to year, but because of the reporting process, they are a year behind. Here is their website; http://www.fbi.gov/ucr/ucr.htm

If you would like to find more detailed information you can contact the Tallahassee PD and see what they will give you. Most information is public record, but you will probably have to pay a certain fee for what you receive.

okay i am an 28 year old female thats has an 3 year old son and my sons father have beat me and the same day i went to press charges against him he had got picked up for some other warrents he has had and he had been sent to prison and he is about to get out of prison in an few months and i am still afriad of him and i stay along with my son and i was just ondering is there anything else i could do because he has an hisory of demestic violence with his previous baby mother and i dont know what to expect from him when gets out so what should i do?

You should contact your local law enforcement to advise them of the situation. If you feel that you might be in danger you could check into the process of getting a restraining order. Also, you might contact the domestic abuse advocates in your area. They are very helpful with these types of situations and can guide you in the right direction.

Is it illegal in Leon to leave a child in the car while the mother runs into Dollar General or Bank??? I have witnessed this but nothing seems to be done about it. Please advise what to do?

There are several things to consider; How old is the child? How long is the child left in the car? Is the child left alone or are there siblings? Is it too hot or too cold or is the car running? There are many other things to consider but age is probably the most important. Everybody is different and would evaluate this situation differently. So, what you need to think about is whether or not you think it is wrong. If you believe it is wrong, then you need to call law enforcement when you see it happen. Or if you know it is ongoing, you can call law enforcement to talk with the person before something bad happens. In either case, you should call law enforcement to investigate the situation.

What is the legal time limit for a minor to be questioned before the parents are called? My son asked for us for over two hours and was denied the right to contact us.

It depends on the circumstances. Different states have different laws, what parties are involved, whether or not a phone was accessible, who is doing the questioning, all of these and more would be determining factors.

I'm a 20 year old female and to keep safe I would like to know where I can purchase some mase from?

I cannot give you advice on specific places to go. But you can do an internet search and I'm sure you will come up with several places. Just make sure you verify the place that you choose is a legitimate retailer.

If i'm at a party but not drinking, can i still be charged with an MIP?

It depends. Are you holding an alcoholic beverage? Are you next one with nobody else around? Is it your home (making you responsible for everyone and everything there)? There are many questions that would need to be answered. At the very least, if you are present but not drinking, your parents should be called. (if you are under 18 years of age)

How can i check the internet for amber alerts?

If you check the National Center for Missing and Exploited Children website, www.ncmec.org, they have an "Amber Alert" link that has some good information. You can get Amber Alert info sent to your cell phone and there are some good links on that page. Also you can try the www.CodeAmber.org website. They have a "desktop ticker" that you can download onto your computer that will update you everytime an alert comes out.