Criminal law — Search and seizure — Vehicle — Traffic stop — Reasonable suspicion — Window tint — Motion to suppress contraband discovered in vehicle during traffic stop for allegedly unlawful window tint is granted where the only testimony was that the windows on a black car driven at night were tinted and no ticket or citation for a tint violation was issued — While officer appeared sincere in his expression of his subjective opinion that the window tint he saw was too dark, the state must show articulable reasonable suspicion through the presentation of objectively-assessable evidence — In absence of some objective facts that would justify a reasonable officer’s belief that the tint on defendant’s windows was so dark as to constitute a violation of the law, defendant’s right to travel on public roadways free from seizure was not to be infracted
Legal Topics
Criminal law — Search and seizure — Vehicle — Traffic stop — Reasonable suspicion — Window tint
Oct 30th, 2022 in by admin