Kolyann WILLIAMS, Appellant/Defendant, v. STATE of Indiana, Appellee/Plaintiff.
No. 34A02-1406-CR-418.
Court of Appeals of Indiana.
Dec. 9, 2014.
22 N.E.3d 730
Gregory F. Zoeller, Attorney General of Indiana, Larry D. Allеn, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
OPINION
BRADFORD, Judge.
CASE SUMMARY
Appellant/Defendant Kolyann Williams was pulled over by Kokomo Police Officer Jeff Packard when Officer Packard noticed that one of the tail lamps on Williams’s vehicle had a hole and was emitting white light. As Packard approached the vehicle, he detected the odor of marijuana. After a police cаnine alerted to the presence of drugs in Williams’s vehicle, Officer Packard retrieved a bag containing marijuana from Williams’s person. Appellee/Plaintiff the State of Indiana (“the State“) chargеd Williams with Class A misdemeanor marijuana possession, and the trial court found him guilty as charged, sentenced him to 365 days of incarceration, and suspended 363 days to probation. Williams contends that the trial court erred in denying his motion to suppress because Officer Packard’s stop was illegal. Because we conclude that Officer Packard did not have reasonable suspicion to believe that Williаms had committed an infraction, we reverse the judgment of the trial court.
FACTS AND PROCEDURAL HISTORY
While patrolling during the midnight shift of February 15, 2014, Officer Packard noticed a 1988 black Oldsmobile Cutlass in front of him and “observed that the passenger side tаillight had a large hole in it that was allowing a significant amount of white light to emit out of it while it was in forward motion.” Tr. p. 6. According to Officer Packard, the hole was the size of approximately forty to fifty perсent of the entire tail lamp with a “miniscule” amount of red light emitting from around the outer rim. Officer Packard observed Williams’s vehicle from approximately 300 to 700 feet away, and described the “unfiltered” white light аs “overwhelming” the “filtered red light whose source was the same bulb.” Tr. pp. 11-12. Officer Packard believed that any white light emitting from the rear of a vehicle in forward motion was a traffic infraction.
Officer Packаrd initiated a traffic stop and detected the faint odor of marijuana coming from inside. Officer Packard called for backup, and another officer
On February 18, 2014, the State chаrged Williams with Class A misdemeanor marijuana possession. On May 22, 2014, Williams’s bench trial began. During Officer Packard’s testimony, the trial court held a hearing on Williams’s motion to suppress evidence. The trial court denied Williams’s motion to suppress, ruling that because the light Officer Packard saw was “primarily white, not red[,] it would appear from his perspective that the vehicle did not comply with [Indiana Code section] 9-19-6-4.” Tr. p. 25. Triаl resumed, and after its conclusion, the trial court found Williams guilty as charged. The trial court sentenced Williams to 365 days of incarceration, with 363 suspended to probation.
DISCUSSION AND DECISION
Although Williams frames the issue as a chаllenge to the denial of his motion to suppress evidence, he actually appeals from the allegedly erroneous admission of evidence at trial. Curley v. State, 777 N.E.2d 58, 60 (Ind.Ct.App.2002). We will only reverse a trial court’s deсision on the admissibility of evidence upon a showing of an abuse of that discretion. Id. An abuse of discretion may occur if the trial court’s decision is clearly against the logic and effect of the faсts and circumstances before the court, or if the court has misinterpreted the law. Id. The Court of Appeals may affirm the trial court’s ruling if it is sustainable on any legal basis in the record, even though it was not the rеason enunciated by the trial court. Moore v. State, 839 N.E.2d 178, 182 (Ind.Ct.App.2005). We do not reweigh the evidence and consider the evidence most favorable to the trial court’s ruling. Hirshey v. State, 852 N.E.2d 1008, 1012 (Ind.Ct.App.2006).
Williams argues that all evidence collected as a result of Officer Packard’s traffic stop must be suppressed because the stop was illegal. The State argues that Officer Packard had reasonable suspicion to stop Williams for violation of an infraction.
“‘It is well-settled that a police officer may briefly detain a person whom the officer believes has committed an infraction or an ordinance violation.‘” Datzek v. State, 838 N.E.2d 1149, 1154 (Ind.Ct.App.2005), trans. denied (quoting Peete v. State, 678 N.E.2d 415, 419 (Ind.Ct.App.1997), trans. denied). The determination оf reasonable suspicion and probable cause requires de novo review on appeal. See Myers v. State, 839 N.E.2d 1146, 1150 (Ind.2005).
. . . .
The general rule of statutory construction is that
[p]enal statutes should be construed strictly against the State and ambiguities should be resolved in favor of the accused. At the same time, however, statutes should not be narrowed so much as to exclude cases they would fairly cover. Also, we assume that the language in a statute was used intentionally and that every word should be given effect and meaning. We seek to give a statute practical application by construing it in a way favoring public convenience and avoiding absurdity, hardship, and injustice. And statutes concerning the same subject matter must be read together to harmonize and give effect to each.
Merritt v. State, 829 N.E.2d 472, 475 (Ind.2005).
Our review of the record lead us to conclude that the evidence does not establish a violation of
The State argues that even if the condition of Williams’s tail lamps did not amount to an infraction, Officer Packard still, in good faith, had reasonable suspicion to believe that it did. “Although a law enforcement officer’s good faith belief that a person has committed a violation will justify a traffic stop ..., an officer’s mistaken belief about what constitutes a violation does not amount to good faith.” Ransom v. State, 741 N.E.2d 419, 422 (Ind.Ct.App.2000). Officer Packard testified that he believed it to be an infraction that the white light emanating from the tail lamp overwhelmed the red. As discussed above, pursuant to
The State relies on the Indiana Supreme Court’s decision in Sanders v. State, 989 N.E.2d 332 (Ind.2013). At issue in that case was the Indiana Window Tint Statute, which
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 vehiclе.”
Ind.Code § 9-19-19-4(c) . It is an affirmative defense if the solar reflectance of visible light is not more than 25% and the light transmittance is at least 30%. Id.
Sanders, 989 N.E.2d at 335. A police officer pulled over the defendant based on his perceptiоn that the tint of the vehicle in
Sanders, however, is distinguishable. In Sanders, the officer’s observations established a prima facie case that the infraction occurred, i.e., he could not clearly recognize or identify the occupants of the vehicle. The fact that the defendant was later able to establish an affirmative defense had no retroactive effect on the existence of reasonable suspicion. In contrast and as discussed, Officer Packard’s observations did not make out a prima facie case that an infraction occurred, regardless of his mistaken belief that they did. Moreover, the actual amount of red light in this case did not closely border any applicable legal limit. Pursuant to
We reverse the judgment of the trial court.
NAJAM, J., and MATHIAS, J., concur.