But lets say your driving down the road and you get pulled over,but you have had both windows down while driving. Can a cop legally tell you to put up your window so he can check the tint?
If he askes you, and you say no? what happens?
well, someone on here jsut got a ticket for that. he “said” he was cruising with both windows down and they asked him to put them up, then gave him a ticket, so i assume its legal.
If your headlight is smashed, and it’s noon, it’s still an equipment violation and it’s still illegal. I’m guessing it’s the same for tints with your windows rolled down. You’re not going to be able to argue, “But officer, I only drive my car when it’s light out”, just like you can’t argue, “But officer, I never put my windows up, even when it’s -30 and snowing”.
no you won’t… its just like if he asks to search the car. if you say no then legally he cannot. but most people get scared of the uniform and say yes.
if you say no all the can do is have a k-9 called to sniff. if they find something then he can roll your windows up and search whatever he wants… granted he might write you a much larger ticket for making him wait for the k-9 or what not… but legally you can say no… same as the consent to search.
the only thing you can get from it would be a ticket for failure to comply with something stupid… just cooperate and don’t be a jackass… make up excuse… or whatever… just be nice and hopefully he will too… but last i checked if you didn’t want to roll it up its not in the penal law book thus far that you need to roll it up.
the cop need probable cause to do anything. he doesnt need a warrent to search ur car if he thinks u have drugs. he doesnt need a warrent to search u he can tell u to roll ur window up.ur windows are illegally tinted of course hes going to ticket u
he needs a reason , not just probable cause because he thinks you have drugs… if a cop told a judge that he thought he had drugs the judge would laugh at the cop and you would be dismissed even if you did have drugs.
you need to give the officer consent to search your car or he does need a warrant
he can not tell you to roll your windows up. its your right to have them down…
can he tell you to go open your trunk… no but what he is doing is tricking you into opening it so he can see if anything is in there.
Legally they can’t make you roll them up, but they will find other things they can write you tickets for, and make your life miserable.
My routine is take the ticket, then remove the tint on the side 2 windows, go back to the police station to show them you corrected the problem within 24 hours (the law says you have the right to do that, and they have to drop the ticket). Then spend your $50 on new tint for the windows.
Yep, I got pulled over in Eden on my way home from work. Cop asked me to roll up the windows and I got a ticket. Paid the fine and then went to the eye doctor for a check up and asked if he would right me a note for the tints. He did and since then I havent been stopped.
If a PO walks up to the car and suspects drugs in the car. He can get the dog and all the dog has to do is walk around and if the dog smells drugs your whole entire car can be searched.
Driving in NYS is a privelage and PO’s can legally tell you to put your window up.
I got pulled over couple weeks ago in cheektowaga and i was cool to him and he let me go and my tints are pretty dark