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  • Temp plate in window

    I remember there was an Indiana court ruling last year that said placing the temporary license plate in the window was legal. However,I was just reading the July 2009 prosecutor update and it says that the temporary plate must be mounted in the same fashion as the permanent plate and any other method would give reasonable suspicion for LEO to initiate a traffic stop.

    Any body know anything about this?

  • #2
    I talked to the prosecutor about it because i was concerned also, she said its a good stopping charge.
    I Will Survive, I Will Go Home!

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    • #3
      It is my understanding that it is allowed to be put in the window, but it still has to be illuminated. Most people don't have lights in their back windows so you still have a valid stopping charge.

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      • #4
        Originally posted by IMPDNE View Post
        It is my understanding that it is allowed to be put in the window, but it still has to be illuminated. Most people don't have lights in their back windows so you still have a valid stopping charge.
        This info was from our last legal update. In short: the ISC stated that the law is well defined and that the issue is with the BMV. They do have to place the temp tag on rear most portion of the vehicle.
        “Everything can be taken from a man but one thing: the last of the human freedoms—to choose one’s attitude in any given set of circumstances, to choose one’s own way.”- Viktor Frankl

        "Any views, opinions, or statements made are not the views of any police department, government agency, or entity that I may or may not work for. Further more the views expressed are solely those of he who made them."

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        • #5
          Originally posted by cadet1848 View Post
          This info was from our last legal update. In short: the ISC stated that the law is well defined and that the issue is with the BMV. They do have to place the temp tag on rear most portion of the vehicle.
          Bingo!
          SPSC 262

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          • #6
            Member fella's, consult your indvidual prosecutor or prosecutor's rep.. If they won't back it, mise well wave at the violator and smile....
            "If you find yourself in a fair fight, your tactics suck"

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            • #7
              Don't you love the people that tape the paper tag inside the back window with the darkest tint on the market, and then wonder why you stopped them

              502
              Retired Lawdawg & Proud IMPD Papa!




              "Justice is the one thing you should always find"
              Toby Keith

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              • #8
                The whole "perfectly legal" thing was due to an appeals court decision, which got appealed to the Indiana Supreme Court, which reversed. So now its back to like its always been, a temp plate must meet the same display standards as a temporary plate UNLESS/UNTIL the BMV issues an administrative law update that it can be displayed otherwise.

                The appeals court noted that the BMV has the authority to alter the display requirements for temporary plates. What they failed to note is that they've never done so. ISC picked up on both points and ruled for the state.
                I miss you, Dave.
                http://www.odmp.org/officer/20669-of...david-s.-moore

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                • #9
                  Originally posted by CruiserClass View Post
                  The whole "perfectly legal" thing was due to an appeals court decision, which got appealed to the Indiana Supreme Court, which reversed. So now its back to like its always been, a temp plate must meet the same display standards as a temporary plate UNLESS/UNTIL the BMV issues an administrative law update that it can be displayed otherwise.

                  The appeals court noted that the BMV has the authority to alter the display requirements for temporary plates. What they failed to note is that they've never done so. ISC picked up on both points and ruled for the state.
                  Interesting! Even if the BMV get's it's way, would displaying a paper plate behind a darkly tinted window still be an Illegal display?

                  502
                  Retired Lawdawg & Proud IMPD Papa!




                  "Justice is the one thing you should always find"
                  Toby Keith

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                  • #10
                    Originally posted by 55-502 View Post
                    Interesting! Even if the BMV get's it's way, would displaying a paper plate behind a darkly tinted window still be an Illegal display?

                    502
                    I think it would be. If for no other reason, it wouldn't override the law prohibiting the placement of an item bigger than 4" square on your front or rear glass.

                    Its important to point out the BMV never attempted to change the rules, just that the IC code gives them the authority to adopt rules relating to the display of temporary plates but not permanent plates. For some reason the appeals court that they authority to do so and having actually done so were the same thing.
                    I miss you, Dave.
                    http://www.odmp.org/officer/20669-of...david-s.-moore

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                    • #11
                      Thanks for the information everyone.

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                      • #12
                        Does anyone know the direct link for the ISC ruling? I would like to read the text of it.. thanks

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                        • #13
                          Originally posted by Indy LEO View Post
                          Does anyone know the direct link for the ISC ruling? I would like to read the text of it.. thanks
                          http://www.in.gov/judiciary/opinions/pdf/05280901bd.pdf

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                          • #14
                            Thanks for the link

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