ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT