tinted window ticket
I'm no lawyer, so I don't know much about this, but without probable cause, he has no valid reason to search your vehicle. I think that you could do the following:
1. Ask, "Are you conducting a search of my vehicle? If so, what is your probable cause?"
2. Say, "I don't want to roll-up my windows, and I do *not* authorize you to search my vehicle, but I will not stop you if you want to conduct an illegal search." (If he wants to search and/or roll-up the windows, *let* him do it!)
3. Call a lawyer and explain that you were the victim of a *illegal* search.
You should definitely be polite, yet clear about your position. Maybe this is stupid advice, I dunno, but it seems reasonable to me.
1. Ask, "Are you conducting a search of my vehicle? If so, what is your probable cause?"
2. Say, "I don't want to roll-up my windows, and I do *not* authorize you to search my vehicle, but I will not stop you if you want to conduct an illegal search." (If he wants to search and/or roll-up the windows, *let* him do it!)
3. Call a lawyer and explain that you were the victim of a *illegal* search.
You should definitely be polite, yet clear about your position. Maybe this is stupid advice, I dunno, but it seems reasonable to me.
Last edited by zedated; Nov 15, 2005 at 12:44 PM.
Originally Posted by Lancaster
Do you have heavy tint on your windshield or back window? Is the ticket specifically for your side windows? Did he tell you why he pulled you over in the first place?
If you don't have any other dark tint, and he didn't write you for anything else then he's in the wrong, because he doesn't have grounds for stopping you...and even if he did, it's not documented on the ticket. So technically, yep you could fight it...but it probably would be more trouble than it's worth.
On the 2nd part...definitely don't start refusing to do what the officer says like rolling up your windows
few words will get you more negative attention from police than "I don't want to, and you can't make me!"
If you don't have any other dark tint, and he didn't write you for anything else then he's in the wrong, because he doesn't have grounds for stopping you...and even if he did, it's not documented on the ticket. So technically, yep you could fight it...but it probably would be more trouble than it's worth.
On the 2nd part...definitely don't start refusing to do what the officer says like rolling up your windows
few words will get you more negative attention from police than "I don't want to, and you can't make me!"
Yeah cops ar dickz, even when we're the ones that know it's illegal to not have a front plate in the state of CA and still not put it on.
The nerve of some "pigs"...
The nerve of some "pigs"...
Last edited by CervanteZ; Nov 15, 2005 at 02:46 PM.
Originally Posted by psunner
i'm not thinking about fighting it becasue that's too much hassle and it's only gonna cost like $30 dollars to get the tint removed and reapplied...and my rear window is tinted but it's legal tint rear window...because if i get pulled over again i have to pay fine instead of just getting it fixed for $10...so i wanna know if he can make roll my windows up, or can i refuse
The tint is illegal regardless. Even if you did win on some technicality in court with the windows being down, what's to stop the same cop from walking out of the courthouse and straight to your car in the parking lot to repeat the process? Just get it fixed and be done with it.
I hear that cops can't write you a ticket if you bought your car from the dealer with tints. I recently got on 03 Z with tints on it. Theyre dark as hell. Can they write me a ticket for them or not? Mind you I still have my Temp plate on it.
Originally Posted by Everybodywildou
I hear that cops can't write you a ticket if you bought your car from the dealer with tints. I recently got on 03 Z with tints on it. Theyre dark as hell. Can they write me a ticket for them or not? Mind you I still have my Temp plate on it.
The dealer won't allow the car to come out lower than the legal % tint law. At least here in IN. They want me to sign an approval that i will be liable for all fines for having tints lower than 35%.
If your car looks even slightly modified they got probable cause to stop and check that you haven't illigally modified your car. That includes but not limited to opening your hood and making sure that everything is CARB certified. That is pretty much the case in mostly large cities in CA but it does depend on your local law. This is mainly to stop the street racers.
Also I would not use the "this is an illegal search" route because what they can do is make you wait while they get the search warrent...in that case it will be more of a hassle to you than it will be for him. He will most likely get his search warrent and will still give you the ticket and probably other citations because you pissed him off.
Also I would not use the "this is an illegal search" route because what they can do is make you wait while they get the search warrent...in that case it will be more of a hassle to you than it will be for him. He will most likely get his search warrent and will still give you the ticket and probably other citations because you pissed him off.
Originally Posted by Everybodywildou
I hear that cops can't write you a ticket if you bought your car from the dealer with tints. I recently got on 03 Z with tints on it. Theyre dark as hell. Can they write me a ticket for them or not? Mind you I still have my Temp plate on it.
Hell, in many states, a temp license plate MUST be displayed in the license plate frame on the rear of the vehicle. So when the dealer tapes that sucker in your back window, they're waving your happy *** down the road with violations they installed
..on an semi-related rant..
You guys do realize that if you take the time to look at your State's criminal code as well as all Traffic titles, this nearly always holds true: If you're anywhere in public, and breathing...then you're breaking the law
Don't believe me? Did you know it's illegal to drive anytime, day or night with your car running lights on if you don't also have your headlights on?
Did you know, if you're walking down a sidewalk..and stop...you're breaking the law?
Sure, be pissed at the police...but the legislators should have to fear a "wtf" call out every once in awhile for laws like this..
Originally Posted by yobri
That happened with me too! Except I had him repeat "these aren't the window tints we're looking for" and then he told me to "move along, move along" 
i never said i want to fight the ticket...i just wanted to know for NEXT time if a cop pulls me over can he do this...THAT'S IT and if he does ticket me is it still a fixing ticket or is there a bigger fine



