State v. Dillon

670 So. 2d 278, 1996 WL 34384
CourtLouisiana Court of Appeal
DecidedJanuary 31, 1996
Docket95-00884
StatusPublished
Cited by8 cases

This text of 670 So. 2d 278 (State v. Dillon) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dillon, 670 So. 2d 278, 1996 WL 34384 (La. Ct. App. 1996).

Opinion

670 So.2d 278 (1996)

STATE of Louisiana, Plaintiff-Appellee,
v.
Demetria W. DILLON, Defendant-Appellant.

No. 95-00884.

Court of Appeal of Louisiana, Third Circuit.

January 31, 1996.

*279 Robert Richard Bryant Jr., Paul Peter Reggie, Lake Charles, for State of Louisiana.

Robert J. Pastor, New Orleans, for Demetria W. Dillon.

Before COOKS, PETERS and GREMILLION, JJ.

GREMILLION, Judge.

After an adverse ruling on her motions to quash indictment and suppress evidence, defendant, Demetria W. Dillon, pleaded guilty to possession of marijuana with intent to distribute and possession of cocaine over 400 grams. In pleading guilty, Dillon reserved her rights to seek appellate review of the rulings on her motions. See State v. Crosby, 338 So.2d 584 (La.1976). The trial court sentenced her to five years on the first charge and fifteen years and a fine of $250,000 on the second, both sentences to run concurrently. We affirm and remand with instructions.

FACTS

On February 14, 1994, Louisiana State Police Troopers LaFleur and Savoy spotted Dillon's vehicle traveling in Calcasieu Parish. They noted the vehicle's windows were tinted in violation of La.R.S. 32:361.1. After stopping the vehicle, the officers spoke with Dillon, who was driving, and the passenger, Rogers Batiste, Jr. Dillon and Batiste gave conflicting stories concerning where they had been and their relationship to each other. The troopers further noted that both were exceptionally nervous. Upon checking the criminal records of the two, the troopers discovered Batiste had numerous narcotics violations. Trooper LaFleur issued Dillon a ticket for violating the tint law and asked her to sign a consent to search form. Upon her refusal, a narcotics dog, already on the scene, indicated the presence of narcotics in the vehicle. The troopers searched the car and discovered a considerable amount of marijuana, cocaine, and over $53,000 in cash.

*280 MOTION TO QUASH

In her first assignment of error, Dillon contends the trial court erred in denying her motion to quash which alleged an illegal stop and arrest. She claims La.R.S. 32:361.1 is unconstitutional, and thus, the stop, search, and eventual arrest based on that statute are illegal. La.R.S. 32:361.1(B) states:

Except as provided by R.S. 32:361.1(C), no person may operate a motor vehicle with any object or material placed on or affixed to the front windshield or to front side windows of the vehicle so as to obstruct or reduce the driver's clear view through the front windshield or front side windows, nor place on or affix to the front windshield or the front side windows of a motor vehicle, any transparent material if the material alters the color or reduces the light transmission of the windshield or front side windows.

In State v. Gamberella, 633 So.2d 595, 601 (La.App. 1 Cir.1993), writ denied, 94-0200 (La. 6/24/94); 640 So.2d 1341, the court explained:

Statutes are presumed to be valid; whenever possible, the constitutionality of a statute should be upheld. State v. Brenner, 486 So.2d 101 (La.1986). Because a state statute is presumed constitutional, the party challenging the statute bears the burden of proving its unconstitutionality. State v. Griffin, 495 So.2d 1306 (La.1986). Attacks on the constitutionality of a statute may be made by two methods. The statute itself can be challenged, or the statute's application to a particular defendant can be the basis of the attack.

In the case sub judice, Dillon challenges the statute itself as well as its application to her. She claims this statute is constitutionally illegal for a number of reasons. First, she claims Louisiana does not have a legitimate state interest in regulating the degree of window tinting on cars. She also argues that the law relies upon the visual acuity of the enforcer, and its accuracy is subject to environmental variables, making it a constitutionally unacceptable method of enforcement. She avers the human eye is incapable of determining the degree of tint of any vehicle. Dillon further argues the regulatory scheme of the tint law among the states is dissimilar and, thereby, violates the commerce clause of the United States Constitution by creating an undue burden upon the commerce of the United States. Dillon states that this is apparent under the particulars of this case because the vehicle was purchased in Texas, by a Louisiana resident, and it was in compliance with the Texas tint law at the time of the purchase. Finally, she avers the law is unconstitutional because it violates her right to privacy guaranteed by the United States and Louisiana Constitutions.

Dillon first objected to La.R.S. 32:361.1 by filing a motion to quash the indictment alleging the law to be unconstitutional. On September 23, 1994, prior to her guilty plea, a hearing was held on the issue. The trial judge found the statute constitutionally valid and denied the motion to quash. In his opinion he addressed all the issues Dillon raises in her brief.

Concerning the alleged commerce clause violation, the trial judge cited Pike v. Bruce Church, Inc., 397 U.S. 137, 142, 90 S.Ct. 844, 847, 25 L.Ed.2d 174 (1970), in which the Court explained the test for commerce clause violations:

Where the statute regulates even handedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits. (Cite omitted.) If a legitimate local purpose is found, then the question becomes one of degree. And the extent of the burden that will be tolerated will of course depend on the nature of the local interest involved, and on whether it could be promoted as well with a lesser impact on interstate activities.

The pertinent portion of La.R.S. 32:361.1 requires Louisiana residents to ensure the windows of their motor vehicles do not have any transparent material altering the color or reducing the light transmission of the windshield or front side windows. Dillon offers no evidence of the burdens such a law places on interstate commerce. The trial court analogized the law to the regulations requiring residents to maintain their brakes *281 and lights; the state interest involved is public safety. The trial judge explained:

Even if La.R.S. 32:361.1 does burden interstate commerce, the statute is narrowly tailored to achieve a compelling state interest. Often times, police officers are required to approach vehicles stopped for routine traffic citations. Clearly, an obscured view of a vehicle's occupants poses a grave threat to the safety of a police officer in the performance of his/her duties. Visibility of occupants ensures the safety of police officers as well as citizens. In an age of car-jacking, drive-by-shooting, and random violence, the burden placed on residents by La.R.S. 32:361.1 is insignificant.

Furthermore, Dillon contends the law is unconstitutional because each state's law is different, and she, having bought the car in Texas, was in compliance with the law in Texas concerning window tinting. As the trial judge noted, Dillon is a Louisiana resident and her registration and inspection stickers are issued by this state. Thus, she is subject to the motor vehicle regulations of Louisiana.

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Cite This Page — Counsel Stack

Bluebook (online)
670 So. 2d 278, 1996 WL 34384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dillon-lactapp-1996.