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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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