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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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