REASONABLE SUSPICION TO STOP A CAR BASED ON REAR WINDOW TINT

Indiana’s Window Tint Statute, I.C. 9-19-19-4(c), prohibits operation of a motor vehicle that has windows tinted in such a way that "the occupants of the vehicle cannot be easily identified or recognized through [those] window[s] from outside the vehicle.” In Sanders v. State, 989 N.E.2d 332 (Ind. 2013), a police officer testified that he initiated a traffic stop because he believed the window tint on Erving Sanders’ Chevrolet Suburban was so dark that he could not "clearly recognize or identify the occupant inside."  The officer's belief that the window tint on Sanders’ rear window violated the Window Tint Statute was later invalidated through inspection of the Suburban by Sanders’ expert. Distinguishing Ransom v. State, 741 N.E.2d 419 (Ind.Ct.App. 2000), the Indiana Supreme Court noted that “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 violation occurred.” Thus, the police officer had reasonable suspicion to stop Sanders’ Suburban and the trial court properly denied his motion to suppress.