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Justices: License plates can't be in rear windows

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Justice Robert Rucker says his four Indiana Supreme Court colleagues have issued a ruling that transforms millions of law-abiding residents into traffic offenders.

The four-justice majority on Thursday decided that state law makes it illegal to display temporary license plates in a vehicle's rear window, and that those paper or cardboard plates must comply with the same statute governing permanent metal plates. That holding came in Kerry L. Meredith v. State of Indiana, 89S04-0808-CR-430, and was echoed in the shorter companion case of Jeffrey Young v. State, 49S02-0905-CR-252.

"A drive down nearly any Indiana street on any given day will reveal Hoosier motorists applying old-fashioned common sense: attaching temporary paper tags to the inside of the back window in order protect them from deterioration by the elements," Justice Rucker wrote in Meredith. "By today's decision the majority has transformed law-abiding citizens into traffic offenders. This is patently wrong in my view; therefore I dissent."

The Wayne Circuit case involves a cocaine possession case where Kerry Meredith was pulled over in 2005 in Richmond. An officer stopped behind Meredith's vehicle at a red light and couldn't spot a license plate in the usual location or anywhere else on the car. After activating his spotlight, the officer saw a paper plate in the rear window but couldn't see an expiration date because of tinted windows. He initiated a stop and saw the tag was valid, but when talking to Meredith the officer sensed excessively nervous behavior, noticed Meredith's bloodshot eyes, and what smelled like alcohol. A breath test came up negative, but Meredith consented to a vehicle search that led to police finding cocaine inside.

Before and during trial, Meredith moved unsuccessfully to suppress the evidence and a jury returned a guilty verdict. Meredith argued the initial stop violated his Fourth Amendment rights against illegal searches and seizures, and the Indiana Court of Appeals last year reversed his conviction, finding the officer should have walked away once he saw the temporary tag was valid.

That exact legal issue arose in Jeffrey Young's case out of Marion Superior Court, which involved similar circumstances of police finding cocaine after a traffic stop in 2007. The appellate court had also reversed that conviction, and justices granted both cases for review.

Writing for the majority in both cases, Justice Brent Dickson concluded that statutory requirements for the illumination and mounting of license plates on the rear of a vehicle apply to all plates, whether permanent or temporary. Meredith's case delved into the display and illumination of plates before a vehicle is permanently registered and involves other statutory provisions, such as the Bureau of Motor Vehicles having authority to issue rules about requirements for proper display of temporary tags. But the court ruled the statute doesn't differentiate between the various types.

"Placing a license on the inside of the back window clearly does not satisfy the requirement that license plates be displayed upon the rear of the vehicle," Justice Dickson wrote, citing Merritt v. State, 829 N.E.2d 472 (Ind. 2005). "Likewise, the defendant's license plate was not illuminated by a separate white light so that it was clearly legible from fifty feet. Officer Lackey was therefore justified in stopping the defendant."

The court also ruled that Meredith wasn't in custody, even if the officer felt the man "wasn't free to go," and so no warning was necessary.

Justice Rucker disagreed on the traffic stop aspect, finding that the General Assembly had given the BMV power to regulate temporary license plate displays but the agency didn't issue any guidance.

"But this is not because the bureau necessarily intends that the rules for permanent license plates should apply," he wrote. "If that were so, then the bureau would have no reason to require ninety-day plates to be 'displayed in the same manner as a standard license plate.' Unlike temporary plates that are made of paper or cardboard... ninety-day plates are 'manufactured from the same material as a license plate issued under IC 9-18-2. By creating a rule for one type of plate, the bureau has left open the issue for other temporary plates."

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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