6xStang

I believe that a few years ago there was an appellate case in NY or somewhere in the northeast where it was held that by accepting the privilege of driving a car on public roads, you are inherently consenting to searches by law enforcement.

Don't quote me, and certainly don't flame me as agreeing with it or supporting it....but for some reason I seem to recall reading about that...and some public outcry....and then silence.

I also don't recall if the case ever made it to the US Supreme court...or if it was overuled...or what....

2oo5stang

Man that sucks. What cops do when they are bored.
Years ago, i got pulled over for speeding, and i know i wasn't cause i had my grandmother with me and she would have told me to slow down. I got a ticket for doing 50 in a 40 and another ticket for not wearing my glasses, since it said corrective lenses on my license. So, 205 bucks for 2 tickets. As he handed them to me, i saw what they were for and told him that i was not speeding and i'm joining the Air Force and they told me i have 20/20 vision and that's why i'm not wearing my glasses. Right then the cop said "you know what, you don't' need to pay for these tickets, you need to go to court and fight this" He said good day and walked away, as i sat there not understanding what the hell just happened. sucks that i didn't get to go to court cause i was going to bootcamp in a few days so i had to pay them....some BS probably cause he was bored and wanted to pick on me.

Sleeper05

If he searched you and your car without probable cause, he violated your civil rights and you need to STERNLY make his supervisor(s) aware of that. Not only will the charges be automatically dropped, but he could face some SERIOUS disciplinary action, assuming you told us the whole of the truth of the story.

ZZmustang

It's a pretty stupid law, but ya got to put yourself in the cops shoes, Walk up on a car you can't see in, is not a good feeling.

godminus1

If you decline a search that gives him enough "probable cause" to search your car.Permission to search your car is only a fewwords over the radio away.The more you cooperate with the officer the better off you will be. If you are an *** to him he'll return the favor. I had myExpedition searched a few years ago while being pulled over for running a red light. He asked if he could look around,I said sure go ahead. He was very polite and hardly looked at all andI was on my way with a warning. If you decline because you know you have things you're not supposed to thats your fault.

torch red

As a former PO..I can tell you a few thing...I also live in NY..Up in Dutchese...
As you already know the tint law is 70%..You can have what ever you want in the back so 20% is fine as you probably know...I would take off the 20% in the front and put 30%, sounds silly but at least you can look in at that level..Still illegal, but less likely to get stopped..I personally never ticketed tint..but you can see from a PO point of view not being able to see in a car stop in unerving to say the least..That why when you do get stopped roll down both windows and put your hands on the Wheel.. The PO that is stopping you for that stop sign or tint..doesnt know if you just robbed a bank or a real upstanding guy.. As far as the search, unless the law has changed, which i believe it has..I thought they could only search a lungable area, those areas you can reach..from your seat..certainly not the trunk..Its all a game..I say if you have nothing to hide, let him do the search if he wants to..However if you say no, you open yourself up to all kinds if things, like a dog search and such..I know PO are not popular but they have a job to do, and the laws are the laws..We know them its our choice to follow them, and their's to enforce..

Sleeper05

It ispart of our Bill Of Rights that he cannot search you without a) yourexpress permission, or b) a physical hand-signed court document warrenting the search based on significant evidence that illegal substances or activity are present. Laws and court precedent allow a loophole that gives an officer the right to search if he can show beyond a reasonable doubt that he was in danger, or if there was significant probable cause. The only means of probable cause would beSEEING something, SMELLING something, TOUCHING something (without breaking the boundary of your vehicle, or receiving conflicting stories and/or information from you. Wanting to searchor "having a feeling" are utterly illegal means ofconducting a search. It does not matter if there was aappellate ruling that says anything different from this, federal law overrides.

Youcan bestumbling and bumbling drunk and still decline a search technically. Unfortuneately for you, the officer will detain youuntil a court order can be made to search you and your car. Theobvious smell/actions of being drunk are his "reasonable cause" to detain you. You can even decline afield sobriety test and a breatilizer if you want, but you will be takendowntown for a more accurate blood test that you cannot refuse. If you are under 21, this does not apply though.


Screw the tint if you don't care enough about it, but I would at least make it known to supervisors that illegal searches are being conducted by their men. Bad habbits need to be broken for people in the future.

mAnYsTyLeS

I was given 4 tickets once for each tinted window on my 4 door Altima totaling in the $300's. I think he was pissed because he originally tried to tell me that I was speeding. I explained to him that it wasimpossible for my car to be going that fast within the distance he pointed out (HP, torque specs)... so I guess he got annoyed that I was right and got me for my windows. What an *** hole!

Sleeper05

I am not familiar with NY regulations, but I am surprised that he could ticket you for the back windows as well...?

mAnYsTyLeS

That's exactly what everyone said when I told them what happened. Either way - 3 tickets got tossed from the judge....