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Justices: Officer had reasonable suspicion window tint violated law

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The Indiana Supreme Court affirmed the denial of a defendant’s motion to suppress cocaine found on him after his car was stopped by police on the belief the car’s window tint did not comply with Indiana statute. The justices found the officer had reasonable suspicion that the tint was in violation of the Window Tint Statute.

In Erving Sanders v. State of Indiana, 49S02-1304-CR-242, Erving Sanders’ vehicle was pulled over by an Indianapolis Metropolitan Police Department officer because the officer believed the tinted windows were so dark to constitute a traffic infraction. The officer smelled marijuana in the car and Sanders admitted to smoking a joint. When the officer searched Sanders, he found a plastic bag with a white substance in it, which Sanders said was cocaine.

Sanders was arrested and the car was photographed. An expert testified after viewing the car that the window tint was actually legally within the statutorily defined limits. The trial court denied Sanders’ motion to dismiss, finding an officer’s good faith subjective belief of violation of a traffic law is enough to justify the initial stop, even if it’s later found the traffic law wasn’t violated. The Indiana Court of Appeals reversed.

Sanders argued that because the tint objectively complied with statute, the officer’s subjective interpretation of the identity and tint didn’t justify the stop, so any evidence seized in the subsequent search is in violation of the Fourth Amendment.

“Such proof of compliance with the Window Tint Statute undoubtedly relieves the defendant of any liability for a window tint violation. However, it does not serve to vitiate the legality of the traffic stop,” Chief Justice Brent Dickson wrote. “ The officer's belief, based on the fact that he could not ‘clearly recognize or identify the occupant inside,’ that the window tint violated the Window Tint Statute, coupled with the fact that the actual tint closely borders the statutory limit, leads us to conclude that the officer had reasonable suspicion to make the initial stop.”

The justices also found this case is distinguishable from Ransom v. State, 741 N.E.2d 419, 422 (Ind. Ct. App. 2000), because the apparent infraction for which Sanders’ car was initially stopped does in fact exist in law. In Ransom, the officer pulled over a driver for an infraction that did not exist in law.

“Although the officer was ultimately mistaken in his belief that a violation occurred, the traffic stop was based upon a good faith, reasonable belief that a statutory infraction had occurred and thus we are unable to say that the traffic stop was not lawful,” Dickson wrote about Sanders’ case.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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