RONALD BAEZ v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Raker, August 31, 2018,
Car Stop – RAS – An officer may stop a vehicle for a tint violation even if the vehicle is registered out of state
Ummm… wouldn’t looking at the license plate kinda give away that it’s registered out of state? I don’t understand this opinion, particularly in light of Williams’ “if the officer sees the tint label is over 35%, he has to immediately return to his car. Do not talk to the driver. Don’t get a license. Do not pass Go. Do not collect $200.
Facts:
Ronald Baez was indicted for PWID and related charges in PG County.
At trial, Baez moved to suppress the CDS recovered as the result of a car stop.
The motion to suppress was based on an agreed statement of facts that Baez “was pulled over pursuant to a traffic stop for a tint violation. There’s no dispute that it was violating the Maryland tint law; however, the vehicle was registered in Virginia.”
The trial judge denied the motion to suppress and Baez was convicted.
Baez appealed, arguing that an out-of-state vehicle can’t be stopped for violating Maryland’s tint law.
Held: The Court of Special Appeals held that an out-of-state vehicle can be stopped for a tint violation.
Car Stops – An officer can conduct a car stop with reasonable, articulable suspicion of criminal activity or a motor vehicle violation
Tint Law– A passenger car registered in Maryland cannot have tint on the windshield (below 5″ from the top) or after-market tint on any window making it darker than 35%.
Note from a CoA tint case: “If an officer chooses to stop a car for a tinting violation based solely on the officer’s visual observation of the window, that observation has to be in the context of what a properly tinted window, compliant with the 35% requirement, would look like. If the officer can credibly articulate that difference, a court could find reasonable articulable suspicion, but not otherwise.”
Practice Note: When conducting a stop based on a tint violation, you will have to be able to state (based your training and experience) your RAS to believe that the tint was darker than 35%. This can be based on personal or professional experience (you have seen a window tinted at 35% and could testify that the suspect’s vehicle appeared darker, taking into account lighting conditions). Keep in mind that car windows have a slight tint to begin with, so adding 35% after-market tint will make them darker than 35%. For more on identifying tint below 35%, take a look at 3M’s tint simulator or other training aids.
Tint- Charging – A tint violation can result in both a traffic citation and a safety-repair order
Tint- Exceptions – Tint violations do not apply to easy-remove tint used to protect a child less than 10 years of age from the sun. They also do not apply to someone with a medical condition requiring protection from the sun if they have on them a written certification explaining the need by a physician licensed to practice medicine in the State.
From the Case: “We are satisfied that the officer’s stop of appellant’s automobile to investigate the window tinting based upon his belief that the tinting was in excess of the permissible tint in Maryland, and his request for appellant’s driver’s license and automobile registration as part of the limited traffic stop, were reasonable… A police officer, suspecting a tint window violation, may lawfully stop a vehicle to investigate further and ask to see the vehicle registration to determine origin of registration. That the vehicle may be registered in a foreign jurisdiction does not vitiate the lawfulness of the stop.”
Note: The Court declined to decide whether the stop could also have been legal under TR 22-101 – Unsafe Vehicles – A person may not drive any vehicle on a highway if the vehicle “is in such unsafe condition as to endanger any person.”
Practice Note: You cannot issue a repair order for a vehicle registered in another state. However, an out-of-state vehicle with tint that presents an unsafe driving condition may be cited under TR 22-101(a)(1)(i).