Police stop checking window tint, flex constitutional rights appropriate for situation?

[Hulu]

What is the name of your state? UT

First of all, this question is unrelated to my other question on business litigation so please do not try to lump them together.

If a cops wants to check your window tint by asking that you roll down your window. ( or if 100% rolls down, not rolling it up)
Can you executive your 4th and 5th amendment and remain quiet and not allow any part of your car to be check without a search valid warrant signed by a judge?
Theory being that in order for him to check your window tint, he would have to execute an unconstitutional search leaving the results being fruit from a poison tree metaphor.

I do believe the constitution affords you the right of not having to answer questions or aid in an investigation.
They normally want the window to be rolled down a little so they can put a special device between the window to check the window tint. Some kind of light meter.
Perhaps this would be the same if a cop pulled you over and asked to connect to your car's computer via the OBD port.

Thanks .

 

[adjusterjack]

Only idiots bait cops.

 

[FlyingRon]

You're wrong about the Constitution (note that capitalization). First off, the right to remain silent isn't quite universal. Depending on your state you may still be required to identify yourself. Second, there's no right to not "aid in the investigation," Given a proper stop (the standard for this is low) and lawful requests, you're obliged to comply.

The major thing that you would probably legitimately challenge is justification for a stop. But as I said, the standards are minimal (and the apparent improper tint may be more than what is required). If you're going to drive around with an illegally equipped vehicle, it's only a matter of time before you get caught anyhow. The cops don't even need a reason to look at your vehicle if you're not moving.

 

[quincy]

What is the name of your state? UT

First of all, this question is unrelated to my other question on business litigation so please do not try to lump them together.

If a cops wants to check your window tint by asking that you roll down your window. ( or if 100% rolls down, not rolling it up)
Can you executive your 4th and 5th amendment and remain quiet and not allow any part of your car to be check without a search valid warrant signed by a judge?
Theory being that in order for him to check your window tint, he would have to execute an unconstitutional search leaving the results being fruit from a poison tree metaphor.

I do believe the constitution affords you the right of not having to answer questions or aid in an investigation.
They normally want the window to be rolled down a little so they can put a special device between the window to check the window tint. Some kind of light meter.
Perhaps this would be the same if a cop pulled you over and asked to connect to your car's computer via the OBD port.

Thanks .

Here is a link to Utah’s window tint law:

https://le.utah.gov/xcode/Title41/Chapter6a/41-6a-S1635.html

Here is a link to your rights when stopped by the police, published by the ACLU:

https://www.aclu.org/know-your-rights/stopped-by-police/

And here is a link to why you should limit what you say to the police, offered by Law Professor James Duane:

 

[Hulu]

Here is a link to Utah’s window tint law:

https://le.utah.gov/xcode/Title41/Chapter6a/41-6a-S1635.html

Here is a link to your rights when stopped by the police, published by the ACLU:

https://www.aclu.org/know-your-rights/stopped-by-police/

And here is a link to why you should limit what you say to the police, offered by Law Professor James Duane:

Thank you.

I sort of know all this already however I'm not sure if you have to aide a cop is rolling up or down your window in order for them to put the light meter to test the window tint.

Lets assume the tint is dark and technically a violation but in order for the cop to prove it, he must put his light meter between the windows. So you have to aid him in this investigation or just exercise your 4th and 5th amendment in a polite way.

I have need countless video on people doing this for drunk driving or drugs but never window tint.

I saw one video which a cop was threatening to tow the car but the guy's wife/girlfriend then roll down the window for the cop against the guy's objection.

 

[Zigner]

Is this a situation you are actually involved in, or are you simply making up random hypotheticals?

 

[Zigner]

Follow up question: Why do you believe that a tint meter needs to be used to issue a ticket?

 

[zddoodah]

If a cops wants to check your window tint by asking that you roll down your window. ( or if 100% rolls down, not rolling it up)
Can you executive your 4th and 5th amendment and remain quiet and not allow any part of your car to be check without a search valid warrant signed by a judge?

Well...first of all, in order for this encounter to occur, the cop must have pulled over the motorist (for what?) OR it must be something where the cop and motorist happen to be in the same place at the same time.

Second, the 4th Amendment simply says that searches and seizures must be "reasonable" and that warrants must be supported by probable cause. If an officer has properly pulled over a motorist or otherwise has reason to believe a car's windows are excessively tinted, then it would be reasonable to conduct a search (no warrant is needed). The 5th Amendment doesn't seem to have anything to do with this situation.

Third, assuming nothing illegal has happened before the encounter and the motorist refuses to cooperate with further checking the windows, the officer could reasonably remove the motorist from the vehicle in order to conduct a search, including checking the tint of the windows.

 

[Hulu]

Depending on your state you may still be required to identify yoursel

You're wrong about the Constitution (note that capitalization). First off, the right to remain silent isn't quite universal. Depending on your state you may still be required to identify yourself. Second, there's no right to not "aid in the investigation," Given a proper stop (the standard for this is low) and lawful requests, you're obliged to comply.

The major thing that you would probably legitimately challenge is justification for a stop. But as I said, the standards are minimal (and the apparent improper tint may be more than what is required). If you're going to drive around with an illegally equipped vehicle, it's only a matter of time before you get caught anyhow. The cops don't even need a reason to look at your vehicle if you're not moving.

Usually the require to identify yourself is only if you have been arrested on something else first and it can't be used as the sole reason for arresting someone.

What do you mean by comply? Most criminal defense attorneys will advice their clients to NEVER speak to a cop without an attorney present. Person is under no obligation to help the police incriminate themselves.
I have seen youtube video of people being arrested for asserting their constitutional rights and usually end up with a lot of money in lawsuit settlements afterwards. Cop pulled over an attorney and asked if she knew why he pulled her over in which she remained silence and was arrested later on while the cop read her the rights in which he said " you have the right to remain silent......"

Maybe you can give an example of what you mean?

 

[Zigner]

Usually the require to identify yourself is only if you have been arrested on something else first and it can't be used as the sole reason for arresting someone.

Wrong.

 

[PayrollHRGuy]

Look Hulu. If a cop sees what he has reason to believe are over tinted windows that is probable cause to stop you. Should you refuse to allow him to check your tint with a light meter or a card then he will simply issue the ticket based on his visual examination. If you want to be an a-hole at the time he can simply say that the car is not safe to drive and impound the car and then he will have all the time he needs to test it.

 

[quincy]

... I have seen youtube video of people being arrested for asserting their constitutional rights and usually end up with a lot of money in lawsuit settlements afterwards. Cop pulled over an attorney and asked if she knew why he pulled her over in which she remained silence and was arrested later on while the cop read her the rights in which he said " you have the right to remain silent......"

Maybe you can give an example of what you mean?

I have viewed several videos where occupants in cars have refused to roll down their car windows for police and the police have broken their cars’ windows.

Often those who refuse to comply with an officer’s legal request (for identification, insurance) believe they have more legal rights than they actually have.

Instead of challenging a police request during the police stop, it is (generally) best to comply with the request and, if ticketed for a violation, you can challenge the legality of the request and the ticket later (by contacting an attorney, suing, whatever).

We live in crazy times or, at any rate, we live in times where crazy incidents with police are frequently captured on video. Certainly there are times when complying with police requests have not turned out real well for the occupants in the vehicles. But, if you have not done anything illegal (or even if you know or fear you might have), the best route to take is often compliance at the time, challenge the legality later.

 

[adjusterjack]

More troll feeding, I see.

 

[quincy]

More troll feeding, I see.

Hulu has a lot of questions. Most (but not all) are related to his judgment-collection woes.

 

[Hulu]

Is this a situation you are actually involved in, or are you simply making up random hypotheticals?

I have had my car tint for years and driven all over the place without a problem in my home state.
I ventured out for a road trip across the country and find that even know my own state did not seem to care about the window tint or did most other states, there was 1 state in particular in which it seem that ALL the cops were focus on window tint in a major way. They even had devices to measure the window tint that you had to place the window between this device to measure the light. This was on an interstate highway and probably most of the cars were just passing though the state and were not residences.

The cop check the tint, said it was too dark but let me go with a warning. As I drove along, like cop after cop was following me but then stop following. Cops even driving 70 MPH on the opposite side of the highway would do a full U-turn to follow my car. It felt like they were running some kind of operation and somehow cars with tint may have fit the profile.

Never had problems with it years before and years after but for that 1 day in that 1 state, I had the attention of many cops in this interstate highway just passing though.

So I am wondering if you can refuse a tint test in the same way that you can refused car search. If its a phishing expedition that requires your consent or if you don't have a choice in the matter. See, if you live in a state with very intense sun, the tinting windows make a lot of sense to protect your eyes from sun damage however when you go to states which don't have that same level of sun, those window tint probably look more out of place.