By Kennedy Krieg and Ryan C. Davis
Can a Police Officer Pull Me Over for a Window Tint Violation?
Police officers regularly conduct traffic stops when they believe that a vehicle has window tint that is too dark. However, did you know that police officer must conduct a field comparison test if they are pulling you over for an alleged window tint violation?
First, in order to initiate a traffic stop, a police officer must have probable cause. Probable cause refers to a reasonable suspicion for believing that a crime may have been committed or that evidence of a crime is present in the place to be searched. Tennessee Code § 55-9-107 states that a police officer can detain a vehicle if they have a reasonable belief that the car has windows tinted in violation of state law. The statute specifies that the police officer can pull over a car for the purpose of conducting a field comparison test.
If a police officer pulls you over because of their reasonable belief that your windows are tinted in violation of the statute and they do not conduct a field comparison test, we may be able to prove that the underlying stop was improper. Since the statute is clear that the officer pulling you over for a window tint violation is doing so for the purpose of conducting a field comparison test, not conducting the field comparison test is in violation of T.C.A. § 55-9-107. As a result, any evidence obtained as a result may be able to be suppressed.
If you are you facing charges following a traffic stop for a window tint violation, our experienced attorneys at Ryan C. Davis Law, PLLC can help. Give us a call at (615) 649-0110 to discuss your case.
