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The following facts will attempt to clarify the use of tint meters in Pennsylvania by police attempting to enforce a non-existent law purportedly banning transmittances below 70%.
Of course, the existence or possession of the tint meters by an officer or individual IS NOT ILLEGAL.
However,
IT IS ILLEGAL FOR AN OFFICER TO STOP A VEHICLE WITHOUT PROBABLE CAUSE.
The law always has and, against the best wishes of law enforcement, will continue to view a vehicle stop without probable cause is an 'unreasonable search'.
Any officer will admit that they are trained to always have a reason. They could say, "the vehicle was swerving", or "he did not come to a full stop a a stop sign", but they are trained to NEVER just say, "I had a feeling" or "something seemed suspicious."
Even after an otherwise lawful stop, IT IS ILLEGAL TO SEARCH A VEHICLE WITHOUT PROBABLE CAUSE (or the owner's permission).
The law also considers a vehicle search, without probable cause, as an 'unreasonable search'. That is why you always see cops asking, "Is it OK if I search your car?" Without probable cause they need your permission. And even with probable cause they need a search warrant.
Here's a comment from a visitor (hopefully not an officer!) who is under the false impression that the Constitution has been repealed and that warrants are no longer required to search a vehicle. He states,
"Anybody with even the basic knowledge of law knows that a search warrant is NOT required to search a VEHICLE or PERSON if probable cause exists. A search warrant is required for a home, business, etc., but not a vehicle or person." Although it is true that the courts have occasionally allowed 'exceptions' to the vehicle search rule and permitted some 'warrantless searches' in certain situations, (e.g. 'incident to an arrest' or if the vehicle might carry drugs or other evidence that could be easily removed or destroyed), these are EXCEPTIONS! These EXCEPTIONS have not become THE LAW or repealed THE CONSTITUTION. A vehicle IS STILL entitled to the same protections as a 'home or business, and it is doubtful that a Court would permit a warrantless search for an alleged 'inspection violation' when the vehicle displays an Inspection Certificate and the owner promises "I won't remove my legal tinting, and I'll be glad to present my vehicle to an Inspection Station for Certification or to your department when a search warrant is issued. This guy is wrong, plain and simple! Hopefully an attorney or intelligent officer will explain this to him on our Bulletin Board. |
If an officer noticed that he was unable to "see or view the inside of the vehicle through the windshield, side wing or side window " then YOU HAVE VIOLATED the PA Statute and HE WOULD have probable cause to stop your vehicle (not to search it), and cite you or prohibit you from operating your vehicle.
EVIDENCE OBTAINED ILLEGALLY IS NOT ADMISSIBLE IN COURT
If measurements of a window were taken without a search warrant or the owner's consent, a court would rule such evidence as inadmissible.
But as we know, THERE IS NO STATUTE IN PA BANNING TINT BELOW 70% , so even if the readings were admitted, they would be irrelevant. Not only are the meters not approved, there simply is no Law (Statute) that even mentions percentages or transmittances.
And SINCE THERE IS NO STATUTE BANNING TINT ALTOGETHER OR BY PERCENTAGES, if an officer stopped a vehicle only because he noticed the presence of tint, that would not constitute sufficient probable cause to warrant a vehicle stop and, as stated above, IT IS ILLEGAL FOR AN OFFICER TO STOP
A VEHICLE WITHOUT PROBABLE CAUSE. Therefore the Court would rule that
THE ENTIRE STOP WAS DONE IN VIOLATION OF THE RIGHTS OF THE CITIZEN AND WAS THEREFORE AN ILLEGAL ACT.
This is the way the Law is supposed to work.
But remember, we have the best legal system that money can buy, and the State and the Police often choose to ignore the Law and can use your own money to take advantage of you and trample your rights in court. If you want justice you'll have to use your own money.
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