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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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