U. S. Department of Justice

  

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Federal Bureau of Investlgatlon


 

In Reply, Please Refer to South Bend, Indiana
FileNo. . November 7, 2012

 

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South Bend Police Department
Interception of Wire Communication
Sensitive Investigative Matter

In January 2012, the South Bend Resident Agency of the FBI
was contacted by the United States Attorney?s Office, Northern
District of Indiana regarding complaints by South Bend Police
Department (SBPD) officer?s alleging that telephone lines at the
police department were being recorded and listened to without
their consent. The FBI opened an investigation of the SBPD to
investigate possible violations of the Federal Wiretap Act,
Title 18, United States Code, Section 2510.

The investigation did not find any specific documentation,
signed consent forms, or operational manuals from the SBPD
identifying which phone lines within the police department were
being recorded. The specific phone lines to be recorded within
the SBPD were determined at the discretion of the Chief of
Police, and this was orally communicated to the Director of
Communications.

Investigation determined that approximately two years ago,
recording of the Captain of the Detective Bureau?s telephone
line was mistakenly initiated instead of the Chief of the
Detective Bureau?s telephone line. Even after the SBPD Chief and
the Director of Communications were made aware of this error,
the recordings continued. During maintenance of the phone
logger system, the Director of Communications heard some
recorded conversations which she brought to the attention of the
Chief.

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This document contains neither recommendations nor conclusions of the FBI. It is the
property of the FBI and is loaned to your agency; it and its contents are not to be
distributed outside your agency.

At the direction of the Chief of Police, the Director of
Communications copied some of the recordings that she had
listened to, onto 5 cassette tapes which were provided to the
Chief.

The Chief of Police listened to at least one of the tapes,
and confronted the Captain of the Detective Bureau about the
content, regarding the Captain?s loyalty to the Chief. The Chief
advised the Captain that he was going to take the tapes to the
mayor.

The investigation involved the collection of various
documents and numerous interviews of individuals-involved. The
U.S. Attorney?s Office, Northern District of Indiana has
declined prosecution, therefore, this matter is being closed.

The point of contact for this investigation is Special b6
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Agent telephone number

 

 

 

 

 

 

 

 

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