Are
pretextual stops for tinted windows valid?
Usually- Police could stop for tinted
windows. State v. Cohen 347 NJ Super.
375 (App. Div. 2002) Defendant
appealed the Law Division's affirmance of the municipal court's denial of a
motion to suppress, which found that a stop of defendant's vehicle was
justified based on the officer's reasonable belief that tinted windows
constituted a violation of a motor vehicle statute. We affirmed, holding that N.J.S.A. 39:3-74
prohibits the use of tinted windows that fail to meet the applicable standard
set forth in N.J.A.C. 13:20-33.7, Thereby overruling State v. Harrison, 236
N.J. Super. 69 (Law Div. 1989), and In re R.M. and J.M., 343 N.J. Super. 153
(Ch. Div. 2001). Further, an automobile
stop is proper so long as it is based on a reasonable, articulable suspicion
that a violation has occurred, and the officer's belief that the tinted windows
represented a significant obstruction was sufficient to implicate the
"community caretaking" function. Lastly, N.J.S.A. 39:3-15, which
exempts non-resident owners of vehicles registered in other states from
complying with New Jersey equipment requirements, does not preclude an officer
from conducting an identification check of a noncompliance vehicle.
39:3-74. Windshields must be unobstructed and equipped
with cleaners
Every motor vehicle having a windshield
shall be equipped with at least one
device in good working order for cleaning rain, snow or other moisture
from the windshield so as to provide
clear vision for the driver, and all such devices shall be so constructed and installed as to
be operated or controlled by the driver.
No person shall drive any motor vehicle
with any sign, poster, sticker or other non-transparent material upon the front
windshield, wings, deflectors, side shields, corner lights adjoining windshield
or front side windows of such vehicle other than a certificate or other article
required to be so displayed by statute or by regulations of the commissioner.
No person shall drive any vehicle so
constructed, equipped or loaded as to unduly interfere with the driver's vision
to the front and to the sides.
