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Tinted-window stop yielding pot arrest by precedent-setting cop upheld

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Indianapolis Metropolitan Police Department officer Keith Minch is on a roll in the appellate courts.

Earlier this year, the Indiana Supreme Court ruled that drug evidence resulting from Minch’s stop of a vehicle with legally tinted windows was admissible in Erving Sanders v. State of Indiana, 49S-02-1304-CR-242.

Tuesday, the Indiana Court of Appeals affirmed a trial court conviction of misdemeanor marijuana possession charges stemming from another tinted-window stop by Minch in Gregory Johnson v. State of Indiana,  49A02-1301-CR-28. In both cases, Minch testified that he stopped the vehicles because he believed that they might have violated the Indiana Window Tint Statute, I.C. 9-19-19-4, and that he couldn’t see through the windows clearly enough to identify the occupants.

In Johnson’s case, he was found to be driving with a suspended license, and the subsequent pat-down search turned up marijuana. Johnson testified that the tinted windows on his Dodge Caravan were factory-installed and that he shouldn’t have been stopped, but the trial court refused to suppress the evidence.

“We are precluded from accepting Johnson’s invitation to consider photographic evidence presented during trial that he argues shows the tinting on his rear window was not excessive and, in fact, was no darker than other similar Dodge Caravans. To do so at the expense of Officer Minch’s testimony of what he observed at the time of the traffic stop would constitute reweighing the evidence, which we cannot do,” Judge Michael Barnes wrote for the court.

“Even if Officer Minch was mistaken about whether the rear window of the minivan violated the Window Tint Statute, his testimony establishes that it was a good faith mistake and that there was reasonable suspicion to make the stop.”

However, the opinion was less than an endorsement of pulling over vehicles with dark windows.

"We will admit that the degree of concern, suspicion, or knowledge that Johnson was committing a traffic violation was not overwhelming," Barnes wrote. "Unlike running a red light or turning without signaling or speeding as measured by a radar gun, there is much subjectivity that goes into deciding whether a window of a moving car is too dark under the Window Tint Statute. And, again, the State does not dispute that the minivan’s windows were factory standard.

“Still, the degree of suspicion was not non-existent. We also will acknowledge that the State’s interest in enforcing the Window Tint Statute is not an overwhelmingly pressing public safety concern. … Nonetheless, there are legitimate law enforcement and safety interests in prohibiting the operation of vehicles with excessive window tinting, and police officers are entitled to enforce the statute.”

The panel also rejected Johnson’s argument that lawmakers would not have passed a statute under which drivers with factory-installed window tinting would be subject to a traffic stop on that basis alone.

“If the General Assembly believes it would be wise to re-write the Window Tint Statute in such a way as to limit police officer authority to pull over vehicles for suspected violations of that law, it could do so,” Barnes wrote. “Additionally, the primary check upon potential abuse of the Window Tint Statute as a pretext to conduct traffic stops must lie with trial courts, which are in a position to judge the credibility of police officer testimony regarding the ability to see through a particular vehicle’s window tinting.”
 

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  • COA rewrites the law again!
    If the windows were factory tinted, the officer could see through them easily. When you go to court they don't pay attention to words, they believe the cop every time. If you don't have undeniable proof that the cop was in the wrong, you will lose every time. This is no different than the cop that pulled a driver over because he had a pin hole in his tail light. He didn't know the law either. If the windows were not too dark, where was the reasonable suspicion for a traffic stop? Sorry officer Minch but you should be a boy scout, not a cop and whoopee, a suspended license and a marijuana bust. While the robbers, rapist and murderers run free!

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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