Dezmon Gaines v. State of Indiana
2012 Ind. App. LEXIS 455
| Ind. Ct. App. | 2012Background
- Gaines was stopped for allegedly illegally tinted windows observed by officers in Kokomo, Indiana.
- Officer Rood approached the vehicle, observed occupants after the window was rolled down, and detected a strong odor of marijuana.
- Gaines was detained; a baggie containing a substance resembling marijuana/rock cocaine was spit out after a threat to taze if he did not spit it out.
- An Information charging Gaines with possession of cocaine, dealing in marijuana, and possession of marijuana followed on July 8, 2011.
- Gaines moved to suppress the evidence as arising from an invalid stop and illegal search; the trial court denied the motion, and the court granted interlocutory appeal.
- The appellate court affirmed, addressing the validity of the tint statute and the reasonableness of the search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IC 9-19-19-4 is void for vagueness | Gaines argues identification ambiguity makes the statute vague. | State asserts objective standards fix compliance, avoiding arbitrariness. | Not void for vagueness; statute provides objective measurement. |
| Whether the traffic stop was lawful based on tint | Gaines contends the tint statute is vague, undermining the stop's legality. | State asserts tint violations permit lawful stops. | Stop sustained; tint statute tolerates the stop. |
| Whether the search of Gaines was reasonable | Gaines argues threat to taze to obtain a spit was unreasonable. | State contends odor of marijuana and attempted concealment created probable cause. | Search deemed reasonable under the circumstances. |
Key Cases Cited
- Conwell v. State, 714 N.E.2d 764 (Ind. Ct. App. 1999) (balancing of force in a coercive detention context)
- Winston v. Lee, 470 U.S. 753 (U.S. 1985) (three-factor balancing test for force used during procedures)
- Foxall v. State, 298 N.E.2d 470 (Ind. Ct. App. 1973) (reasonableness of force for removal of mouth contents)
- Williams v. State, 754 N.E.2d 584 (Ind. Ct. App. 2001) (stop for minor traffic violations; evidentiary standard)