Pico Rivera, CA asked in Criminal Law and Traffic Tickets for California

Q: As a LEO, conducting traffic enforcement stop - does asking vehicle operator to roll down tinted windows Alter -

While conducting a traffic enforcement stop - the officer asks vehicle operator to roll down tinted windows (example: 0 percent tint). If that reveals contraband is that in plain view? - or does the action of rolling down windows alter?

Related Topics:
3 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Traffic Tickets Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Why is a LEO different from a GEMINI or a TAURUS? An officer has the right to ask you to step out of the vehicle and if opening the door would reveal the contraband you left in plain sight, it is probably not an infringement. You might need to establish that rolling down the window was not within the scope of an officer's rights to identify the occupants of the vehicle and potential dangers, and that it violated your rights. You need a really good Criminal Defense attorney to advise you.

Justia disclaimers below, incorporated herein.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info necessary.

if LEO is law enforcement officer, it depends.

you need to consult with a good criminal defense lawyer in your community who then will get the police report to see what/why the officer asked you to roll down the window.

your lawyer may run a 1538.5 motion to suppress evidence if the officer did not have probable cause to do so.

Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: A Law Enforcement Officer (LEO) can legally have you roll down the window during a traffic stop. What they see, smell, hear, or suspect can provide the reasonable suspicion or probable cause to detain, or arrest, such as when they see something illegal

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.