State v. Oberlton

STEINBERG, J.S.C.

I write this opinion in order to express my respectful disagreement with the opinion of another trial court in State v. Harrison, 236 N.J.Super. 69, 564 A.2d 128 (Law Div.1989) and therefore hold that tinted windows on a motor vehicle do give rise to an articulable and reasonable suspicion of a motor vehicle violation and therefore justify a police stop of the vehicle.

These are the facts. On March 1, 1992 a Camden City Police Officer pulled over a white Toyota occupied by the defendants because it had tinted material on the windshield. Neither the driver nor the passenger…