Q: My options for an unlawfull traffic stop.
Was stopped for dark tint which is only a secondary offence in FL. So im unlawfully stopped, then the officer demanded i roll my back window down so he could visually look inside the vehicle. He didnt have a warrant or cause to visually search. I feel this was harrasement and my rights were violated. What should i do. Do i have any legal recource?
A:
Since I haven't ever gotten this question before, I was curious about it and looked up the Fla. Statutes on car window tinting, Sections 361.2951 to 361.2956. There is nothing there indicating that unlawful tinting is a secondary offense (meaning an offense that can be ticketed only upon a stop for another infraction that you can be stopped for).
If it's not a secondary offense, the traffic stop would be lawful if the officer had reasonable suspicion that the tinting was darker than allowed by law, and if such reasonable suspicion existed, the officer can rightfully demand that you roll your window down for him to have a better view. This answer is simply guidance, not legal advice as to the lawfulness of your particular stop. An attorney specializing in traffic ticket defense can provide reliable advice on the issue.
Now, let's say, hypothetically, that you were the victim of an unlawful traffic stop (one with zero reasonable suspicion) but that was for a reasonable length of time, and that merely resulted in a traffic ticket. If you were to beat the ticket, technically, you could sue for false imprisonment (after complying with statutory pre-suit claim notice requirements), but the Court would consider your damages to be extremely minimal. Definitely not a case where it would be worthwhile to pay an attorney, and probably not a case that would be worth your time to represent yourself, even in small claims court. You would have the option of making an internal affairs complaint to the police agency that the officer works for, and if they would conclude that the officer had to know for sure that he was acting unlawfully, they might discipline or fire him.
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