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Judges reverse denial of motion to suppress after car stopped for window tint

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The Indiana Court of Appeals concluded on interlocutory appeal that an Indianapolis Metropolitan Police officer lacked reasonable suspicion when he stopped a man’s car due to the tint on his rear window because the evidence shows the window tint didn’t justify the stop.

Officer Keith Minch stopped Erving Sanders’ Suburban around 4:30 p.m. on Jan. 28, 2011, based on the tint of the rear window. He believed it was too dark and warranted an infraction. When speaking to Sanders, he smelled marijuana and searched Sanders. He found a substance on Sanders which Sanders admitted was cocaine.

Sanders was charged with Class D felony possession of cocaine, but he sought to suppress the evidence. Evidence produced during the hearings on his motion showed that the front windshield and side windows weren’t tinted and the rear window and side panels had some tint. A photograph showed that it was possible to see the outline of the front window, top of the steering wheel and a portion of a wiper blade through the rear window.

When asked about the window tinting and whether he could see through it, Minch either answered he didn’t know or couldn’t determine from the photo. Sanders had an expert testify that the rear window was tinted at 38 percent, which is higher than the 30 percent of light transmittance required under law.

Marion Superior Judge Jose Salinas acknowledged that the window tint was within the prescribed limits of the law but denied the motion to suppress based on a good-faith intent on Minch’s part at the time of the stop.

In Erving Sanders v. State of Indiana, 49A02-1205-CR-361, Sanders argued that the judge’s position means that an officer is never wrong and a stop would always be upheld.

“Based upon the evidence presented at the suppression hearings, including the photographs of the Suburban which were taken one hour after the stop and depict the window tinting, we cannot say that there was an objectively justifiable reason for the stop of the vehicle,” Judge Elaine Brown wrote. “Accordingly, under the totality of the circumstances Officer Minch lacked reasonable suspicion to stop Sanders for investigatory purposes at the time he observed Sanders’s vehicle. The trial court erred in denying Sanders’s motion to suppress.”

 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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