Window Tint Ticket?

[mitssn]

Question---Can a cop tell you to roll up your windows to see if your have tint on them??

[madajb]

I heard the CHP issued a directive telling their officers not to do this.
As to legality...I dunno.
I'd hazard a guess that they can't unless they have a reasonable suspicion that you have tint (that is, you rolled it down, but before you did, they saw tint or your back window is tinted or somesuch.)
But the law when it comes to cars never makes much sense. =)

-ajb

[madajb]

You could just call the CHP and ask.
=)
-ajb

[mitssn]

San Diego Sheriff. I had to go through a Sobriety Checkpoint and they saw the 3 inches of my back windows (that won't roll down all the way), and told me to roll up the fronts... I dunno if thats legal? Anyone else??

Thanks Alan

[madajb]

Ah.
From a legal point of view, lots of things are legal in a checkpoint that wouldn't be legal anywhere else.
I guess since they were already throwing out the 14th amendment, they figured they'd throw out the 4th as well.
I know they can check for valid licenses, proper insurance and such, so I wouldn't think tint would be excluded.
So, yeah, I think it's a legal ticket.
-ajb

[OCbuiltGTI]

They had probable cause to believe that you had other modifcations done to the car.
I've had convorstations with police officers I know and they all say it's basically up to the cop how he wants to handle it. Technically you can get a ticket for the rear windows being tinted too as a "modification of saftey equiptment" if the cop wants to be a complete ass. I've heard of them doing the full mod inspection after seeing the rear tint so I guess you're lucky.

[madajb]

They had probable cause to believe that you had other modifcations done to the car.
I've had convorstations with police officers I know and they all say it's basically up to the cop how he wants to handle it. Technically you can get a ticket for the rear windows being tinted too as a "modification of saftey equiptment" if the cop wants to be a complete ass. I've heard of them doing the full mod inspection after seeing the rear tint so I guess you're lucky.
Extrapolating probable cause from tinted rears would be a huge stretch, especially legally tinted rears. Any decent lawyer would get anything discovered thrown out in a heartbeat. Car searches are tricky ground though, since 4th amendment protections don't immediately apply.
Conveniently for police however, in checkpoint, the probable cause rules are often weakened thanks to the misguided DUI, immigration, and drug rulings.
Modification of vehicle equipment is also a bogus ticket for legal tint, since legal tint should meet the lab test requirement.
I don't what VC number "modification of safety equipment" would be, so I don't know about that, but I'd hazard a guess that a lab test requirement is there as well.
Either way, mittsn's ticket is probably valid because of the checkpoint, but you know, IANAL, YMMV, HTH, HAND.

-ajb

[mitssn]

IANAL, YMMV, HTH, HAND.

-ajb
Whatchu talkin nout?

[Meth0d]

I think everything always depends on how you treat the cop. I was actually driving thru San Marino a few months back and to make a long story short, both me and a BMW got busted for drag racing. He pulled over both of us, I treated the officer with respect. Actually I kissed his ass by telling him that a punk like me should be wasting his time. I also got away with telling him that I just got he car and didnt know how to drive stick shift cars. He let both of us go. I was lucky that night I guess. I think that if you dont give cops attitudes, and you respect them even if it means kissing some ass. They will let you off. I'd rather kiss some ass than paying a fine :D

[madajb]

Whatchu talkin nout?
I Am Not A Lawyer.
Your Mileage May Vary.
Hope That Helps.
Have A Nice Day.

-ajb