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Statute on car window tint not void for vagueness

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The Howard County man who argued that the statute dealing with the tint of car windows is void for vagueness lost his appeal, so the drug evidence found on him during a traffic stop can be allowed at trial, the Court of Appeals ruled.

In Dezmon Gaines v. State of Indiana, 34A05-1201-CR-21, Dezmon Gaines faces charges of Class D felonies possession of cocaine, dealing in marijuana, and possession of marijuana. The car Gaines was riding in was stopped because it may have matched the description of a car associated with a missing woman. The police initiated the traffic stop based on illegally tinted windows.

When Kokomo police officer Bruce Rood approached the car, he was unable to tell how many people were inside until the window was rolled down. A strong odor of marijuana was coming from the car. Gaines was in the backseat and appeared to be chewing something. He was removed from the car and Rood placed a Tazer in the small of Gaines’ back and ordered him to spit out the object in his mouth or he would be tazed. The baggie contained a substance that looked like rock cocaine. Gaines also had marijuana in his pocket.

 Gaines tried to have the evidence suppressed, but the trial court denied it. On interlocutory appeal, the Court of Appeals affirmed. The judges rejected Gaines’ claim that Indiana Code 9-19-19-4(c) is void for vagueness because it “does not state if identification of race, gender and number of passengers is sufficient or if window tinting must be such that every feature of every person can be seen.”

The statute does delineate a scientifically objective measurement for compliance, thereby precluding any arbitrariness or discriminatory enforcement by police, Judge Patricia Riley wrote. In addition, Rood testified that he couldn’t see through the windshield into the car.

There was also probable cause for the warrantless search of Gaines because officers believed that Gaines was attempting to swallow a narcotic or contraband when they initiated the traffic stop. Rood did not use unreasonable force by ordering Gaines to spit out the contraband under the threat of being tazed, the judges held. No physical force was used, there was no risk to Gaines physical safety and there was no intrusion on Gaines’ bodily integrity by uttering a threat, Riley wrote.

Judge Terry Crone concurred in result.



 

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  • Constitution
    Here we go again, laws against tinted windows violate people's 4th amendment rights! Simply put, everyone is not a drug dealer or drug user and laws used to control a minority that affects the majority are both unconstitutional and illegal WAKE UP AMERICA!

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  1. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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