Legal Question in Constitutional Law in Washington

Tinting automobile windows to protect privacy

The State of Washington limits the darkness of window tinting that can legally be used on automobiles. This, of course, is for highway safety (increased visiability). But recently, there has been an argument in the state to lower the degree of darkness permitted, citing reasons of officer safety (and a WSP task force has been formed to combat vehicles with illegal tint)

My question is this: Under the constitution, does a person have a reaonable expectation of privacy in a car? If so, does window tinting not protect that right to privacy (much like curtains on a house)? Again, If so, wouldn't a citizens expectation of privacy be abridged by such new window tinting laws that are so blatently amended for reasons other than highway safety?


Asked on 9/18/03, 6:35 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Tinting automobile windows to protect privacy

The exact contours of a right to privacy are not at all clear, but the law often requires the interest in privacy to yield for the sake of other important public interests. This is why, for example, police can conduct searches without warrants under many circumstances. It is also why witnesses can be compelled to testify truthfully, why we all have to answer the census, why we have to reveal our incomes to the IRS, etc.

I don't think anyone has a reasonable expectation that people will be unable to see in through their car windows. Besides, the government's interest in promoting safety is sufficiently important to justify the rule you are describing.

You compare window tinting to curtains on a home, but people's expectations of privacy in their home are much higher. Would you advocate a rule which allowed people to have curtains on their car windows? Can you imagine how many accidents would result from such a rule?

The government imposes any number of regulations about automotive safety standards -- it requires headlights, seat belts, air bags, and any number of structural enhancements. Each of these requirements has detailed specifications which must be met. It makes no sense to say that window tinting should be exempt from these requirements.

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Answered on 9/18/03, 7:52 pm


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