Dickson, C.J.
The defendant’s primary argument is that the initial traffic stop made by the officer was unjustified because the officer’s belief that the window tint on the defendant’s rear side and back windows violated the Indiana Window Tint Statute [citation footnote omitted] was later invalidated through inspection of the vehicle by the defendant’s expert. Because the tint objectively complied with the Window Tint Statute, the defendant argues, the officer’s “subjective interpretation of identity and tint did not justify his traffic stop.” Appellant’s Br. at 8 (emphasis added). Therefore, the defendant claims, any evidence seized through the subsequent search of the defendant’s person is the prod-uct of a pretextual investigatory stop in violation of the Fourth Amendment.
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The Indiana Window Tint Statute 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 vehicle.” 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 than 30%. Id. Here, the officer testified that he initiated a traffic stop of the defendant’s vehicle based on his perception that the tint of the vehicle’s windows was so dark that he could not “clearly recognize or identify the occupant inside.” Tr. at 6. However, the defendant’s expert later testified that the tinted windows had a light transmittance of 38%, id. at 80, within the legal range. Such proof of compliance with the Window Tint Statute undoubtedly relieves the defendant of any liability for a window tint violation. However, it does not serve to vitiate the legality of the traffic stop. The officer’s belief, based on the fact that he could not “clearly recognize or identify the occupant inside,” id. at 6, that the window tint violated the Window Tint Statute, coupled with the fact that the actual tint closely borders the statutory limit, leads us to conclude that the officer had reasonable suspicion to make the initial stop. Considering this testimony in the light most favorable to the trial court’s ruling, as we must, the evidence clearly supports the ruling of the trial court.
Rucker, David, Massa, and Rush, JJ., concur.