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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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