Adam, here is a question...you may be able to shed some light on...reading the OP's problem, I dont know if it is just a NC thing...but an officer cant just pull vehicles over at random...there has to be reasonable suspicion ( wont go into the definition, im sure you know) which inturn leads to probable cause, which you must have both in order to effect a legal stop. with out that, obtaining evidence for a charge such as in this case would not be legal? or could it be implied by the tint itself?
As noted not every stop requires P.C. to effectuate the stop. To issue the summons there must be P.C. In this case their is evidence of illegal window tint.
If the windows were down, and you're made to put them up (maybe they are down while on the road because of the tint hmm?) and slapped with a ticket.
How is that different than carrying a legal open carry holster, and the officer forcing you to put on a coat, then immediately busting you for carrying a concealed weapon when you comply?
It is different because in your open carry situation the officer would be forcing you to commit the unlawful act. In the tint situation, the officer didnt put the tint on the window. He had reasonable suspicion to believe there was window tint likely based on the rear windows being tinted.
These blanket totalitarian laws need to stop. Tint that is too dark should only be handled on a case by case basis when it is actually a factor in something more important and not just a blanket restriction on the 99% of the rest of us that will never be a problem. (eg: dark tint caused reduced visibility and directly caused an accident or ticket for not rolling down tinted windows when stopped and giving cause for concern that you are trying to hide something and provoking a search, but not simply for doing nothing but minding your own business and having the tint, etc),
That is an issue for the legislature to address and amend the statute if they find it so appropriate. However, as written, the law does not account for that.
So no answer to my question about refusing to roll up the windows?????
You can refuse, but the officer can then charge you with obstruction and he will roll up the windows anyway.
Who says i even have side windows? They not legally required like a front windsheild.[/QUOTE]
If your rear window is tinted that is enough P.C. for the stop.
NC law does not require pc for every stop.Evidence on its face[window tint] is all that is needed.There are some states that require more than just one violation[Va for example] I stopped a guy several years ago from Va for a seat belt.He said,"I cant be pulled in Va for just a seat belt".After hearing his excuses and his attitude,I asked him to sign the drivers award and reminded him he wasnt in Va.No,its not the norm to stop cars at random and you need pc unless you have a clear violation.Does that clear it up a little?I rambled on,sorry
Yes.