Current events, goings-on in Delaware and anything else of interest here.
 #86168  by dean
 
Let's say that you're driving a vehicle with tinted windows.

The only prohibitions are that the front windshield may not be tinted below the top few inches of the windshield (specifically not below the ASI masking on the windshield), and the left and right driver side windows may not be tinted.

Let's assume that all windows are tinted and the windshield's tint is in accordance with the law.

Now, if you were to be driving around with both your driver and passenger side front windows down and a LEO were to pull you over and ask you to roll your windows up so that he can check them for tint, would this constitute as a search? Would the LEO, since the windows were rolled down in the first place, not have RAS to believe that they were tinted based only on the fact that the other windows were tinted? Would I be able to legally refuse the search/rolling up the windows?

I've been considering taking the tint off my windows during the winter when it's cold out but in the summer the tint is a life saver as it keeps my car from getting so hot. The windows are always down when I'm driving in the summer, hence the question.
 #86175  by Mr.Skellington
 
As for you question I really can't say but I will caution you to the following.

I recall that officers have the power to require the owner to take their car through DMV inspection. Loud exhaust? Maybe there's a leak maybe not but an officer isn't going to determine that during a stop which is why they have forms to send you to DMV. I suspect if there was any issue over window tint you'd land yourself in a DMV inspection line. Once there who knows what else your car may surprise you with, not to mention the DMV is one of the worst places in the universe to be. I no longer remember exactly how this works or if its a citation pending inspection or what but I personally know it can and does happen.

I love the look of a car with nice tint but since it also draws the attention of officers I don't tint or plaster bumper stickers on my cars.
 #86176  by dean
 
Mr.Skellington wrote:As for you question I really can't say but I will caution you to the following.

I recall that officers have the power to require the owner to take their car through DMV inspection. Loud exhaust? Maybe there's a leak maybe not but an officer isn't going to determine that during a stop which is why they have forms to send you to DMV. I suspect if there was any issue over window tint you'd land yourself in a DMV inspection line. Once there who knows what else your car may surprise you with, not to mention the DMV is one of the worst places in the universe to be. I no longer remember exactly how this works or if its a citation pending inspection or what but I personally know it can and does happen.

I love the look of a car with nice tint but since it also draws the attention of officers I don't tint or plaster bumper stickers on my cars.
Thanks for the feedback. I don't really care how the tint looks, it's just nice in the summer. My car doesn't have A/C and the tint helps.
 #86178  by Red Alert
 
Get a Drs. note. most will give you one as most are sensitive to high light...
 #86180  by MrCoolDale
 
I once had a note from the eye doctor to allow the heavy tint on the windows of my car.

The police do have the ability to check window tint levels on the spot. The tell you to roll the window to the half-way point and they have this device that looks a bit like the portable breathalyzer they use. They put it against the window and hold a mirror to the other side. After a few seconds it gives them a percentage of tint. Unfortunately this doesn't take into account the number of people with tint at the top of their windows but not the rest.

To answer your other question: I don't know. I suppose it would be a case-by-case basis. If a cop asked me to roll the window up for him/her to see, I'd have to ask under what suspicion. If he says he saw the window up at the wawa, when I parked to get my coffee, and he thought it looked beyond the legal limit: I'd have to say the officer has probable cause. If the cop says he saw my other windows were tinted and wanted to inspect my front windows: I'd ask for a warrant. Although, I'd assume that would hold up in court as reasonable suspicion.

Obviously, I'm speculating here. I don't have all of the answers, or even half of the answers.
 #86185  by cslade454
 
I could be wrong but I don't think inspecting a vehicle for road worthyness and your constitutional right against searches is the same thing.

Some window tint is legal. My truck has it from the factory. Consider why some level of window tint is not legal. Why did they make the law? If you are going to knownly break the law be prepared to get caught and pay the price or don't break the law. Some laws really suck but that is not a reason to break them. I would like to carry a rifle in the back window of my pickup and own full auto weapons but I cant. It upsets me, but as a responsible person I obey the law.

Trying to find ways to get away with breaking the law on a forum is a bad idea for gun owners and may be used against you. It is not something someone that carrys a gun should be doing. If you carry a gun you must be responsible in everything you do.

Law makers are deciding if they can trust us with assault rifles and high cap mags. If you are trying to find ways to get away with breaking motor vehicle laws how could you possible be trusted with lethal force.

Just like open carry I recommend you research the laws and only use the legal amount of window tint.
 #86187  by MrCoolDale
 
cslade, I have to agree with you in regards to the search; which is why I think a police officer asking to look at the window will hold up in court.

There are legal methods of tinting your windows beyond the normally allowable levels; such as obtaining a note from your eye doctor. There is a safety factor on both sides of the argument. When driving at night your vision is significantly diminished. This is a problem. However, when I had the heavier tint on my windows (which I actually had removed due to the difficulty at night), it made those drives to the beach so much better. With the sun not shining right through the sides of my sun glasses, I was able to see much better which made my drive safer.

Certainly take cslade's advice into consideration.

Be smart about it, but above all: Be safe.
 #86193  by dean
 
My train of thought was that since you're not required to roll the window down more than is necessary for you and the officer to hear one another, you probably wouldn't be required to roll it up either.

Your car doesn't legally have to have driver and passenger side windows either and you could always remove the mechanisms which roll them up and down.

I understand the reason that tinted windows aren't allowed. In the winter I'd have no problem having the tint not be there but as I said before, in the summer it gets too damned hot in my car. The only time I have my windows up are when I'm not in my vehicle. Whenever I'm in the vehicle, the windows are down and therefore the tint is no danger to any LEO.

Anyway, I'll try talking to my optometrist. I'm due for a checkup soon.

As far as responsibility goes, I don't think traffic violations are going to paint gun owners in a bad light. How often are traffic violations brought to public attention unless they involve drunk driving or major accidents. You're not going to see "Man with gun caught driving 5mph over the legal speed limit" on the news unless it ended with a drug arrest or something.
 #86195  by brich2929
 
Red Alert wrote:Get a Drs. note. most will give you one as most are sensitive to high light...

I had a tint waiver for my car back when I still had my VW. I never had an issue with an Delaware cops, or PA for that matter. My wife did use my car one time in PA and was stopped (unofficially, in a parking lot) by a cop in Aston, probably expecting to see some punk teenager behind the wheel. When he saw a 36 year old woman with a baby in the backseat, he cowered away and apologized...