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Can a police officer reach into your car?? - Click HERE for Original Thread

GroundZeroTalon
I was stopped a couple months ago for illegal tint, i got a ticket and the officer said that i had a week to get it off or my car would be impounded then he proceded to reach inside my car and start to feel it off himself?? is he allowed to????

redbaron303
From what I understand he isn't allowed to touch the car unless there is probable cause.... again "illegal tint" though! At the same time if it was me, i'd tell the guy to buzz off in the politest tone I could, because as far as Im concerend I ddidn't give him permission to touch it so end of story! I just think this is one of those gray areas that's up to interpretation!

My opinion, regardless of the law is don't touch it unless you plan on buying it! Frankly the wrong attitude but I've spent alot of money on my damn car as all of you have so really they can keep their paws off!

inglewood
.

albertarc
quote:
Originally posted by GroundZeroTalon@Jan 4 2003, 05:39 PM
he proceded to reach inside my car and start to feel it off himself?? is he allowed to????

GroundZeroTalon;

This topic is definitely one of those discretionary calls. Here's pretty much all of the options that could have happened:

01) no action taken whatsoever,
02) verbal warning,
03) written inspection notice to report showing work completed,
04) owner remove tint roadside,
05) owner have police officer remove tint roadside,
06) offence notice & no further action taken,
07) offence notice ticket & verbal warning to remove,
08) offence notice ticket & written inspection notice to report,
09) offence notice & owner remove tint roadside,
10) offence notice & owner have police officer remove tint roadside,
11) offence notice & impound vehicle & seize lic plate until tint removed,

As anyone who has tint on their side front windows is committing a violation under the Highway Traffic Act the officer has the authority to ensure that there is no repitition of the offence ... hence the removal of the tint. Sometimes the member will scrape a small amount off w/ his fingernail to show the owner that there is infact a material applied to the window as compared to actual coloured glass. This is also useful for Court purposes.

My favourite option is:

"Sir / madam ... the tint will have to be removed prior to you leaving the scene. You can remove it yourself or I can remove it for you should you not wish to do it yourself. I have a razor blade knife to assist taking the tint film off if you like."

I have had people get ticked off & state that they will take the ticket instead of having the tint removed ... that's not one of my options!! What people have to understand though is just because that's my course of action doesn't necessarily mean it's also the next officer's.

FYI: It is also an offence under the HTA for anyone to install the tint. For second & third offences some of the businesses have rec'd fines in the $300 - $500 range.

Jimbo B)

1mns13
Very informative, and a reminder why I have never tinted the front two windows.
Jared

redbaron303
HOLLY CRAP!!!! #11 is insane! I've never had any officer commnet on my window tint, mind you it's probably one of the more mild tints out there... you can see seatbelts through it at night!!!!!!!!

So feasibly though, I could have my car impounded for refusal to take the tint off? I really didn't know that... either way I'd still be amazingly pissed with the officer as I consider that vandalism... defacing somebody's property without their permission even though that property violates a stated law!!!! PISSED!

Have you known anybody that's gotten penalty 11? What happens if I get an officer like you, who tells me to take it off or have it taken off and I want a fine and still refuse him to touch it?! What kind of charges can I be facing if I refuse his proposal to deface my car?!!!! Are there any ways around the window tint issue other than NOT applying tint?!

inglewood
.

redbaron303
quote:
Originally posted by inglewood@Jan 5 2003, 07:58 PM
quote:
Originally posted by redbaron303@Jan 5 2003, 07:26 PM
...What kind of charges can I be facing if I refuse his proposal to deface my car?!!!! Are there any ways around the window tint issue other than NOT applying tint?!...

I would assume you could possibly get charged with interfering with justice? Is that right Jim?


:thumbsdown: If I had a lawyer he could interfer with justice !!!!!!!!!!

SilverZ24
I have a question regarding the officer trying to remove the tint.

If the officer attempts to remove all or some of the tint and they damage the glass by scratching it, is there anything I can do?

albertarc
quote:
Originally posted by SilverZ24@Jan 6 2003, 10:01 AM
If the officer attempts to remove all or some of the tint and they damage the glass by scratching it, is there anything I can do?

You have every right to make a claim against the police force which the officer works for. From there it is similar to a complaint against member where each side is heard & your window would be looked at by a supervisor. Then a decision is made regarding damages. A good idea is to watch as the officer is removing the material & tell him immediately if he does damage the glass.

Most tint can be removed just by loosening a corner & peeling by hand the rest off. The professionally installed material is a lot easier to remove than the $10 stuff you buy from a supply house & install yourself. After the material is removed there will usually be a layer of glue remaining that can be removed by using a household glass cleaner. Surprising enough in the winter if you spray a water mist on the glass & let it freeze, a razor blade cleans it off nicely. How do I know that? Let's just say personal experience from when I was 16. When done properly it is very hard to scratch the glass w/ a razor blade.

Jimbo

:ph34r:

albertarc
quote:
Originally posted by inglewood@Jan 5 2003, 07:58 PM
I would assume you could possibly get charged with interfering with justice?  Is that right Jim?

I guess this gets down to who's going to win the spitting contest. If someone refuses to remove the tint himself or let the officer remove it roadside then the licence plate will probably be seized & the car will leave at 45 degrees. If the driver refuses to allow this there's a good chance he will be arrested & charged w/ "Obstructing a Peace Officer" which is a Criminal Code charge. I hate to sound like a major authoritarian but this is one spitting contest that the police are going to win.

Jimbo :mellow:

redbaron303
Thanks for the heads up on that one.... Maybe it's best not to get tint at all..

But then again, I've never met anyone who's had to take the tint off... someone in one of these forums mentioned dipped glass, the kind that the factory would use... does the officer then have theright to sieze your glass or what happens then?

My personal opinion remains regardless of the HTA: its wrong to deface someones car, I see it the same as if I removed the RCMP decals of one of your cars?! (I think I'd be shot on sight if that were to happen though!) It's still defacing property and I think my view boils down to the money, someone spent that much money on their car to make it look nicer (in most cases, not that nasty purple tint) and now it's being wrecked, that's why I'd take the ticket....

Is there an exception for show cars with slightly tinted front door windows or are they required to have clear windows as well?

inglewood
.

redbaron303
Thanks "O" when are you joining the squad again?




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