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?
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.
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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.
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