Probable cause for window tinting stop

[plifter]

I was stopped in Virginia for having window tinting that was too dark. What tangible probable cause can an officer have for such a stop? Window tinting is measured by the percentage of light passing through the glass. Obviously an officer can't tell if 40% of light is passing through versus 45% by simply observing your windows, so how can they justify stopping you? Can an officer just randomly stop motorists to check their window tinting?

 

[racer72]

Were all of the tinted windows rolled down so the officer could not see them? Other than being out of sight, it would be obvious that your windows are tinted and if the officer suspects it is too dark, the only way to find out is to pull you over.




































































Duh......

 

[plifter]

It seems as if letting an officer stop you simply to check your window tinting is the same as just being stopped because you "look suspicous".

The point I'm trying to make is whether or not there are guidelines that an officer must go by indetermining which windows are dark enough to make a stop. Most vehicles manufactured today have windows that are tinted to some degree. Letting an officer use his judgemement about which ones are too dark amounts to letting officers make random traffic stops. Any time an officer wants to stop a black person because they suspect they have drugs in the car an officer can simply say that the're stopping them to check their window tinting. I think you can now see how this could be abused.

 

[Mikedani]

Good point, letting officers use judgement is always a bad idea. Why do we trust them with guns and those pesky red lights at all?
You bring out another good point: if someone with tinted windows had drugs in the car and the officer stopped him for tinted windows, found the drugs, took the drugs off the street, took the bad guy to jail, WOW what the heck is this world coming to. Your right this could lead to abuse.
Lets change the law to your idea, take away police powers so that there is no abuse in authority.
It will be a better world.

 

[Lieutenant]

In this state, I will stop you if I can not see you clearly, which would indicate overtint. Also, there must be a tint-inspection decal on the windshield above the regular inspection sticker. I don't care if you're black, white or purple. Why have tint so dark anyway, unless the intent is to prevent officers from seeing inside the vehicle.

 

[plifter]

My vehicle had the window tinting when I bought it used. Yes letting police officers use their personal judgememnt is a bad idea. Just ask the poor Puerto Rican guy in New York that had a toilet plunger shoved up his rectum by the police during questioning.
Better yet, let's just let the police do whatever thay feel is necessary to "protect" us. If a cop thinks you have drugs in your house let's just let the cops break the door down at their own discretion. Maybe we can do away with those annoyig trial thingies too. Let's let the police decide your guilt or innocence. Maybe we can even let officer Barney Fife hand out death sentences right there in the field. Do you morons want to live in a country like China?

 

[plifter]

Lieutenant, that was spoken like a true paranoid cop. Most people that have dark windows are not real criminals. The purpose of the tint is to keep the sun out. It really works quite well during the summer. Why do the police need to watch me drive? Sometimes I like to jack off while I'm driving and the tinting gives me a bit of privacy.

 

[Lieutenant]

Hey, you're the one who asked the question. I told you the law I enforce. Tinting to help with the sunlight is not dark enough to hide the interior of the vehicle. And now that you know your tint is too dark, you can remove it and have a lighter tint which will serve as well and keep you out of trouble. You asked about the guidelines, and as soon as you get your answer you become hostile.

 

[I AM ALWAYS LIABLE]

Sometimes I like to jack off while I'm driving and the tinting gives me a bit of privacy.

My response:

Cool ! !

Great idea. Now I know why there are so many intersection accidents.

Hey ladies ! Watch out for Mr. JackOff !

IAAL

 

[plifter]

Lieutenant, why should police have the right to see you in your car? You don't have a right to see me in my home do you? I suppose you cops want to pass legislation making window curtains illegal in homes. That way you can make sure there's no illegal activity going on. The amount of freedom in the USA is quickly disappearing due to legislation giving officers unlimited authority. By the way my windows are not tinted enough that you cannot see the driver so I'm not sure why it really matters to anyone. You cops claim these laws are used for your protection but the reality is that they are used to generate revenue. This happened out of state and that cop knows damn well that I'm not going to return to fight in court. It's odd that I haven't been stopped in my home state for my illegal windows isn't it?

 

[I AM ALWAYS LIABLE]

My response:

Obviously, you're not a student of the federal Constitution, otherwise you'd know the difference between searches of homes, versus searches of vehicles. Also, you're not too familiar with States' Rights and the 10th Amendment to the Constitution giving States the right to make their own laws. The 10th Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This amendment was the basis of the doctrine of states' rights. And, that's why tinting laws are different from one State to the next.

You must have been absent from school on those days, or you wouldn't be asking about or comparing your vehicle to your home.

IAAL

 

[plifter]

Actually Liable, the two searches are quite similar. An officer cannot search your vehicle without (a) your consent (b) a warrant, or (c) exigent circumstances.

 

[Rochelle]

Perhaps you've just been lucky "in your own home town" or perhaps the tinting laws are different. And you're really going off the deep end about this whole thing. Let's say you've been carjacked and being held prisoner in your vehicle. If the tint was too dark, no one would be able to tell you were in trouble if you wanted to convey a message. Or what if your child had been kidnapped and the police were checking vehicles for a child matching the description of your child. With windows too dark, they couldn't see. You seem a little paranoid yourself, if you think we'd want to see into your home. If you have nothing to hide, why are you so upset? You really need to get over this and go on. Oh, but you're right. Without you, cops would have no reason to go to work. So leave that tint there. We need the very small of revenue from that one little ticket.

 

[plifter]

The point of the post is what guidelines do cops use in determining when the tinting is too dark. Like I said, an officer cannot determine the exact % by observation. There has to be some sort of guidelines for making these stops.
It seems like some of you just want to say "the cops are always right". Guess what? You're on a discussion board for legal issues. If cops were always right then why do we have courts and lawyers?

 

[Rochelle]

Your question has been answered. Unless you just like to argue, shouldn't you be out there having your tint replaced?