Legal Opinion

State ex rel. R.M.

New Jersey Superior Court Appellate Division

Decided February 6, 2001PublishedCited by 4 opinions

1Opinion of the Court

MELLACI, J.S.C.

This case revisits for a third time, the propriety of a motor vehicle stop predicated solely on the existence of “tinted” windows. Previously, two other trial courts have addressed this issue reaching conflicting results.

In State v. Harrison, 236 N.J.Super. 69, 564 A.2d 128 (Law Div.1989), the Court concluded that “tinted” windows on a motor vehicle did not constitute an articulable and reasonable suspicion that the vehicle violated our motor vehicle statutes, specifically, N.J.S.A. 39:3-74, and hence the existence of same did not in and of itself subject the vehicle to a stop…

2Cases cited9 opinions

  1. Whren v. United StatesSupreme Court of the United States · 1996
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. State v. CarpentieriSupreme Court of New Jersey · 1980
  4. State v. HudesNew Jersey Superior Court Appellate Division · 1974
  5. State v. MurphyNew Jersey Superior Court Appellate Division · 1990

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3Cited by4 opinions

  1. Brundage v. Estate of CarambioSupreme Court of New Jersey · 2008
  2. State v. CohenNew Jersey Superior Court Appellate Division · 2002
  3. JEFFREY SAUTER VS. COLTS NECK VOLUNTEER FIRE COMPANYNO. 2 (L-2637-13, MONMOUTH COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2017
  4. Brundage v. Estate of CarambioSupreme Court of New Jersey · 2008

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