: Legal Question



gcochems
07-21-06, 01:07 PM
Anyways I was stopped last night on the 5 for speeding...happens every 6 months to me, I drive 60 miles round trip on that freeway everyday. Just doing my part to help with the state budget crisis. Anyways I tried to be the nice guy, rolled all my windows down, placed my hands on the steering wheel etc. The Highway Patrol office turned out to be quite the a hole, and by the time he left I sincerely hope he thinks I was the most condescending ***** he ever met, but that's beside the point.

My question is in CA am I required to roll my windows up so the officer can check whether or not the windows are tinted like the officer said I was required to?

I don't really care about the speeding ticket, I deserved it, but I'm a little bit preturbed by the window tint ticket

pjohnesq
07-21-06, 01:32 PM
Anyways I was stopped last night on the 5 for speeding...happens every 6 months to me, I drive 60 miles round trip on that freeway everyday. Just doing my part to help with the state budget crisis. Anyways I tried to be the nice guy, rolled all my windows down, placed my hands on the steering wheel etc. The Highway Patrol office turned out to be quite the a hole, and by the time he left I sincerely hope he thinks I was the most condescending ***** he ever met, but that's beside the point.

My question is in CA am I required to roll my windows up so the officer can check whether or not the windows are tinted like the officer said I was required to?

I don't really care about the speeding ticket, I deserved it, but I'm a little bit preturbed by the window tint ticket
Your best bet is to just remove the tint, get CHP to sign off on the ticket, and then tint your windows again...sounds crazy but I did that before, and my tint guy who has tinted all my cars, gave me a very reduced price...

As far as your legal question, this is a case of probable cause and unreasonable search and seizure, which is protected by the 4th amendment...However, the mere fact that you were speeding, a violation of CA law, is enough probable cause for the cop to ask you to roll your windows up to check if they were tinted. Hell, he could have asked you to step out of the car and start frisking you....He could have also checked your brake lights, head lights etc....Once stopped for a valid reason - speeding in your case, the extent to which a cop may go and get away with it is unbelievable. Two words - Rodney King

Caddy Man
07-21-06, 02:20 PM
Your best bet is to just remove the tint, get CHP to sign off on the ticket, and then tint your windows again...sounds crazy but I did that before, and my tint guy who has tinted all my cars, gave me a very reduced price...

As far as your legal question, this is a case of probable cause and unreasonable search and seizure, which is protected by the 4th amendment...However, the mere fact that you were speeding, a violation of CA law, is enough probable cause for the cop to ask you to roll your windows up to check if they were tinted. Hell, he could have asked you to step out of the car and start frisking you....He could have also checked your brake lights, head lights etc....Once stopped for a valid reason - speeding in your case, the extent to which a cop may go and get away with it is unbelievable. Two words - Rodney King
Im not gonna argue with a lawyer lol, but i've read that police DO NOT have the right to just take you out and frisk you unless they have probable cause that you might be carrying a weapon. That frisking is simply for the officers safety. You can object to a search anytime if you are asked in a traffic stop. Yeah Rodney King did happen but its an exterme example in which the officers and LAPD came under major fire.

ILLMATIK
07-21-06, 02:57 PM
Isn't the purpose of having a limit on how dark the tints can be an effort to protect "law-enforcement" (or revenue machines as i call them) from unsuspecting "ambush"? If this guy has all his windows down, the ticket is not being issued in application with the law, it is being issued to generate revenue for the State of California.

Rey Rey 650
07-21-06, 04:01 PM
Do you have any friends that work for law enforcement? My girl is a special agent and is gonna sign my tint ticket off. Hopefully it works. Yea, I got pulled over and ticketed on the 5 for doing 80 in a 65. Weak Sauce! I'm sure the cop can pretty much ask to look at whatever he wants. Is it legal? Probably not. But he is a cop and they can get away with doing a lot of bullshit. Talking about Rodney King. Werent they video taped and still let free? You know what im sayin?-

FlyFlip420
07-21-06, 04:21 PM
Isn't the purpose of having a limit on how dark the tints can be an effort to protect "law-enforcement" (or revenue machines as i call them) from unsuspecting "ambush"? If this guy has all his windows down, the ticket is not being issued in application with the law, it is being issued to generate revenue for the State of California.

If you tell that to a judge he will say thats not the reason the law was made for protecting law enforcement.....when it really is and the cops tell you that too....you ask him why it was made and he gives you some bs.......I tried....the reason he says its not is that you could argue that police get killed more from car accidents too, but they dont limit that, or even gun fire, lots of things.......

Red Dwarf
07-21-06, 04:30 PM
Maybe you can get a copy of the California Vehicle Code. I believe it sets limits for Tinting. Whomever you get to Tint your windows should know the limits I would think?

Dug this out of the CVC....

10.V.C. Section 26708.2 - Sun Screening Devices: Requirements
(b) Devices utilizing transparent material shall be green, gray, or a neutral smoke in color and shall have a luminous transmittance of not less than 35 percent. (c) Devices utilizing nontransparent louvers or other alternating patterns of opaque and open...
Jul 11, 2006 - 19KB - Web Page
http://www.dmv.ca.gov/pubs/vctop/d12/vc26708_2.htm

Caddy Man
07-21-06, 04:44 PM
Do you have any friends that work for law enforcement? My girl is a special agent and is gonna sign my tint ticket off. Hopefully it works. Yea, I got pulled over and ticketed on the 5 for doing 80 in a 65. Weak Sauce! I'm sure the cop can pretty much ask to look at whatever he wants. Is it legal? Probably not. But he is a cop and they can get away with doing a lot of bullshit. Talking about Rodney King. Werent they video taped and still let free? You know what im sayin?-
cops can get away with a lot of bullshit...if a citizen is ignorant of his or her civil rights. Ive read story of a black guy who got pulled over, it was a racial profiliing incident...except in this case the guy was a lawyer, knew his rights in a traffic stop so the police couldnt do whatever they wanted.

Rodney King, in the first trial they were aquitted, but in the second trial which which they were tried on a civil rights violation, I think 2 of the officers acutally went to prison...the other 2 got off, but because they ''ratted'' on the other 2.

pjohnesq
07-21-06, 05:07 PM
but i've read that police DO NOT have the right to just take you out and frisk you unless they have probable cause that you might be carrying a weapon.
Caddyman, you're right....but in gcochem's situation, before a judge throw out the tint ticket, the judge would say that his speeding was the probable cause and the search, or in this case, the request to roll up his windows was justified.....

Ive read story of a black guy who got pulled over, it was a racial profiliing incident...except in this case the guy was a lawyer, knew his rights in a traffic stop so the police couldnt do whatever they wanted.
I've been in that situation many times also (DWB)...lawyer or not, if those cops wanna f*** with you, they will and they do. . .I've shown my California Bar card to cops before, when they ask for Drivers License and registration...sometimes that just piss them off even more...CHP has even performed field sobriety test on me once when I was busted for doing 95 in a 55 zone off the 101 Freeway....I wasn't drunk, but just because of violating the speed law, they had probable cause to perform that test...they didn't search my car though..and oh yeah, I had rolled my windows down and they didn't ask me to roll it back up...so no tint ticket...By the way, the cops didn't show up in court for the speeding ticket...Maybe showing them my law license made them think twice since it was a non-radar ticket and I was gonna fight it all the way...

FlyFlip420
07-21-06, 05:42 PM
As pjohn said...the cops can and will do whatever they want....its the court that says if it was right or wrong.....and most of the time you will still get screwed.........just remember be nice and hope to get out of it.......

gcochems
07-21-06, 06:17 PM
Thank you everyone for the replies. I was pretty sure they could do whatever they want, but my brother in law is a sherrif in Idaho and he said different but he didn't know CA laws. I'll see if my neighbor who is an OC sherrif can do anything about the tint. Don't get me wrong because I was just venting, but most of my experiences with the chp have been pleasant, but this guy must of thought I pissed in his cheerios. Yes he did walk around the car twice looking for other violations.

Oh well though like i told the officer, it just gives me the opportunity and reason to tint them darker this time around :)

jteolis
07-21-06, 07:24 PM
They CAN'T do what every they want, but they OFTEN DO! However if the people keep voting for these Republican presidents who's only goal is to keep removing our rights, they will eventually be able to do what ever they want.

I always laugh at the guy who's a staunch Republican then carps about getting stopped by the cops and etc.

Listen look at some of the recent decisions by the Supreme Court and look at how the recent Supreme Court appontees are voting on your rights when stopped by cops. I thought William Rhenquist was bad!

Also look at how they treat your personal phone calls, and other personal information.


SORRY, I'll be quiet now.

pjohnesq
07-21-06, 08:03 PM
They CAN'T do what every they want, but they OFTEN DO!
We know that technically and legally they can't...it's just that when it's just you and the cop ( a bad cop for example), at that moment, at that stop, at 3:00 a.m. in the morning, with no witnesses. . .I'll stop right there...

dkozloski
07-21-06, 08:39 PM
The big problem here is that there are no bright lines in this area. The cop makes judgement calls depending on his instincts and the state of his ulcer. The judge may or may not agree. If you pay more attention to your driving it never becomes an issue. I don't have much sympathy for those who bring misery upon themselves through their own negligence and then act injured.