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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. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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