ILNews

Justices: Officer had reasonable suspicion window tint violated law

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT