Legal Question in Criminal Law in Massachusetts

probable cause

Can a car with tinted windows give police probable cause to search my vehicle?


Asked on 1/15/09, 3:50 pm

4 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: probable cause

It depends on other facts. This alone is probably not probable cause. You provided insufficient information.

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Answered on 1/19/09, 5:23 pm
Gregory Casale Gregory Casale Attorney At Law

Re: probable cause

This is exactly the type of issue that you hire an attorney to explore. Criminal defense attorneys argue everyday in every courtroom around the country with prosecutors over whether or not things like this provide ample reason for police officers to perform warrantless searches. It is a reasonable issue to raise and I would strongly suggest that you hire an attorney to do so. However, the answer is a judicial ruling that will ride on additional facts and who the judge is and how good a job your attorney does campared to the district attorney. So hire carefully.

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Answered on 1/16/09, 7:05 am
Alan Pransky Law Office of Alan J. Pransky

Re: probable cause

Tinted windows alone should not create probable cause to search a vehicle. However, it could be one factor, combined with other factors, that create probable cause. Such other factors could be location of vehicle (high crime area), behavior of occupants (furtive movements, appearing like a drug offense), or other factors. In addition, if the windows have too much tint, the windows could be illegally tinted.

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Answered on 1/15/09, 4:09 pm
Dmitry Lev The Lev Law Firm

Re: probable cause

Not without more. Did they find anything? Were you charged with a crime? Which court?

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Answered on 1/15/09, 10:32 pm


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