IN: RIP mistake of law as no good faith

RIP mistake of law as no good faith. Indiana upholds a stop based on a reasonable but mistaken view of the window tint law purely on good faith. Sanders v. State, 2013 Ind. LEXIS 474 (June 25, 2013):

The defendant also contends that the initial traffic stop was invalid under Indiana Code Section 34-28-5-3, which authorizes a law enforcement officer to detain an individual for a limited time if the officer “believes in good faith that a person has committed an infraction or ordinance violation.” Ind. Code. § 34-28-5-3. The defendant argues that the officer’s belief that the defendant had committed a violation of the Window Tint Statute was not in good faith because, after subsequent testing, the defendant’s window tint was found to be in compliance with the statute. Appellant’s Br. at 10 (citing Ransom v. State, 741 N.E.2d 419, 422 (Ind. Ct. App. 2000) (“[A]n officer’s mistaken belief about what constitutes a violation does not amount to good faith. Such discretion is not constitutionally permissible.”)). We disagree. In Ransom, an individual was driving along a narrow street when he encountered an approaching police vehicle. Recognizing that both vehicles could not pass simultaneously, the driver put his vehicle in reverse and backed around the corner. The officer stopped the driver’s vehicle for “operating in reverse,” and subsequently discovered a handgun. The court found that “operating in reverse” was an infraction which did not exist at law and that the driver’s behavior was not in violation of the reckless driving statute or any other state law. Thus, the court held, the officer “did not have an objectively justifiable reason for stopping [the driver],” and the traffic stop was not lawful. Ransom, 741 N.E.2d at 422.

This case is easily distinguished from Ransom because here, the apparent infraction for which the defendant’s vehicle was initially stopped does in fact exist at law. 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 infraction had occurred and thus we are unable to say that the traffic stop was not lawful.