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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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