{"id":94568,"date":"2024-12-05T01:47:43","date_gmt":"2024-12-05T09:47:43","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=94568"},"modified":"2026-09-17T07:07:49","modified_gmt":"2026-09-17T14:07:49","slug":"can-officer-compel-rolling-up-windows-for-window-tint-inspection","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=94568","title":{"rendered":"Can an Officer Make You Roll Up Your Window for a Tint Test?"},"content":{"rendered":"

This question comes from a person in Texas. Quite frankly I don’t know if this is an officer or a citizen. Either way it’s okay with me.<\/p>\n

Say an officer pulls over a car for suspected illegal window tint, and the driver rolls down all the windows before the cop gets up to the window. Can the officer order that person to roll the windows back up to conduct a tint meter test?<\/p>\n

And what about other things? If we can do that, can we also compel the driver to operate the lights, the horn, and check other equipment for violations?<\/p>\n

Here’s your answer.<\/p>\n

Putting a tint meter on the glass is a search<\/h2>\n

These are likely searches under the Fourth Amendment. When an officer puts the tint meter on the tint and checks opacity, that’s a search.<\/p>\n

What kind of search? It’s a Jones search. That’s a case called United States v. Jones<\/a>, a Supreme Court case where they said that when police trespass onto a protected area with the intent to gather information, that is a search under the Fourth Amendment.<\/p>\n

So what’s happening here? Is the officer trespassing on this person’s vehicle? The answer is yes. They are manipulating it, touching that car, putting the meter on there.<\/p>\n

I know this sounds very weird to a lot of people. Anthony, give me a break, really? These are searches? People are going to complain about this.<\/p>\n

Well, look, some people are going to complain about it. I have legal tint on my truck. Maybe I would complain about it too.<\/p>\n

And what’s funny, you better be honest, don’t you ever consider whether the laws you enforce are ones you’re committing yourself? As a former trooper I was very lenient on people with illegal tint, only because I had it myself. But I digress. I practice what I preach is what I’m trying to say to you.<\/p>\n

So does that mean tint stops are over?<\/h2>\n

Not so fast. Give me a little high five and then put your hand down.<\/p>\n

I didn’t say you couldn’t do it. I’m just telling you that the officer is conducting a search under the Fourth Amendment. Whether they order the window to be rolled up slightly, or they just do it themselves because the window is halfway down, what I’m saying is that’s a search.<\/p>\n

Now you need to justify it.<\/p>\n

If you’ve been to my training before, you know that we justify and articulate all searches and seizures with an acronym called CREW. Consent, a recognized exception, exigency, or a warrant.<\/p>\n

We have no consent here. We have no warrant. But do we have a recognized exception?<\/p>\n

The answer is yes, if<\/strong> you have probable cause<\/a> that the tint is in violation of state law.<\/p>\n

So if we knew that before we ordered him to roll up the windows, before we put our tint meter on the glass, if we know that, then we can do it under the motor vehicle exception<\/a>.<\/p>\n

However, if we see some tint and the cop is saying I don’t know, it’s probably illegal, it may not be, I want to verify that it’s illegal, I don’t like it. I think it’s a search and I don’t think you have the recognized exception.<\/p>\n

What about testing the horn and the lights?<\/h2>\n

Hey, do me a favor, hit the lights, hit the horn.<\/p>\n

I’ve never seen any case on this, quite frankly. But from a constitutional perspective it is problematic, unless your vehicle is getting some kind of formal inspection.<\/p>\n

Now, Texas does do inspections on vehicles. But I would think those would be more formal. You go through the DMV, or you have a private company do it. I don’t know how Texas does it. Maybe they have a law that says hey, if we stop your vehicle we can also do safety inspections.<\/p>\n

If they have that law, then it’s probably okay.<\/p>\n

If they don’t have that law, and they’re just doing it as a matter of routine to make sure the equipment works, I think it’s a problem.<\/p>\n

Why the law itself matters<\/h2>\n

The law is a key element here, because it gives what’s called notice.<\/p>\n

Drivers in Texas would know that if they get stopped, they have to submit to a safety inspection. But if there is no law on the books, then what you have is an officer conducting these inspections on his or her own. And that may be outside the scope of a regular traffic stop and be impermissible.<\/p>\n

Do you see the distinction?<\/p>\n

These are regulatory searches. Regulatory searches require notice. People should know that this is about to happen.<\/p>\n

When I was a cop we didn’t have regulatory inspections in Nevada. So if I stopped a vehicle and said hey, I want to make sure your horn works, which is required by law, I want to make sure your turn signals work, your headlights work, I can’t do that. Not unless they’re going through a DMV inspection or something like that. Not as a matter of routine on my traffic stops.<\/p>\n

Other states, I’m sure, can do it with the right laws.<\/p>\n

The bottom line<\/h2>\n

Window tint: you need probable cause.<\/p>\n

Safety inspection for your horn and your turn signals: you need a law that allows it.<\/p>\n

In my view, that’s how I’m looking at it. I hope this has helped. Until next time, my friends. Stay safe.<\/p>\n

Related from Blue to Gold<\/h2>\n