State ex rel. R.M.

777 A.2d 1041, 343 N.J. Super. 153, 2001 N.J. Super. LEXIS 325
CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 6, 2001
StatusPublished
Cited by4 cases

This text of 777 A.2d 1041 (State ex rel. R.M.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. R.M., 777 A.2d 1041, 343 N.J. Super. 153, 2001 N.J. Super. LEXIS 325 (N.J. Ct. App. 2001).

Opinion

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 and seizure in violation of the law.

In Harrison, a New Jersey State Trooper stopped a motor vehicle after having observed “tinted” windows on the vehicle. [155]*155Subsequent to the stop, a black bag was observed in the rear passenger compartment with the butt of a revolver protruding. The driver was charged with violating N.J.S.A. 2C:39-5b for having in his possession a handgun without a permit and was also issued a motor vehicle warning for “tinted” windows in violation of N.J.S.A. 39:3-74. Defendant filed a Motion to Suppress claiming the initial stop of the motor vehicle was illegal because it violated the standard in Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979).

N.J.S.A. 39:3-74 provides, in pertinent part, as follows:

No person shall drive any motor vehicle with any sign, poster, sticker or any nontransparent material upon the front windshield, wings, deflectors, side shields, corner lights adjoining windshield or front side windows of such vehicle other than a certificate or other article required to be so displayed by statute or by regulations of the Commissioner.
No person shall drive any motor vehicle so constructed, equipped or loaded as to unduly interfere with the driver’s vision to the front and to the side’s.

In Harrison, the court concluded that as a matter of statutory construction, “it is clear that tinted glass does not fall within the proscription of N.J.S.A. 39:3-74,” 236 N.J.Super. at 72, 564 A.2d 128. The court noted that, “N.J.S.A. 39:3-74 was enacted in 1921, and has not been amended since 1937. Since tinted window technology was not developed until some years thereafter, the legislature could have simply amended N.J.S.A. 39:3-74 to specifically include tinted windows within the proscription of the statute if it was the intention of the legislature to prohibit tinted windows.” Id.

In light of the court’s holding that “tinted” windows on a motor vehicle did not give rise to an articulable and reasonable suspicion of criminal activity such as to justify a police stop of a vehicle, the Motion to Suppress was granted.

A different result was reached in State v. Oberlton, 262 N.J.Super. 204, 620 A.2d 468 (Law Div.1992), wherein it was held 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.” Id. at 207, 620 A.2d 468.

[156]*156While agreeing, although reluctantly, with the court in Harrison that N.J.S.A. 39:3-74, does not apply to tinted windows, the court noted that the Harrison court did not consider the applicability of the Administrative Code, specifically N.J.A.C. 13:20-33.6, which prohibits the use of tinted materials that do not meet certain standards (emphasis supplied).

In Oberlton, a Camden County police officer pulled over a white Toyota because it had “tinted” material on the -windshield. Subsequent to the stop, a twenty-two (22) caliber handgun was located below the passenger seat. The defendants were then arrested for possession of a handgun in violation for N.J.S.A. 2C:39-5b. In denying their Motion to Suppress, the Oberlton court concluded that a motor vehicle stop based upon a police officer’s conclusion that “tinted” windows violate New Jersey law is a valid stop.

I respectfully disagree with the trial court in Oberlton. As referenced by the trial judge in Oberlton when noting its disagreement with the Harrison court, since Oberlton is an opinion of a trial court, I am not required to follow it because I am not bound by a decision of a court of coordinate jurisdictions. See State v. Hudes, 128 N.J.Super. 589, 321 A.2d 275 (Co.Ct.1974) and State v. Mundy, 113 N.J.Super. 308, 273 A.2d 620 (Co.Ct.1970), aff'd 113 N.J.Super. 301, 273 A.2d 617 (App.Div.1971).

It is well settled that a law enforcement officer may stop a motorist in those situations in which there is at least an articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is subject to seizure for violation of the law. Delaware v. Prouse, supra; State v. Murphy, 238 N.J.Super. 546, 570 A.2d 451 (App.Div.1990) and State v. Nugent, 125 N.J.Super. 528, 312 A.2d 158 (App.Div.1973). A motorist may be stopped and detained whenever there is a reasonable and articulable suspicion that a motor vehicle violation has occurred. Murphy, supra; Nugent, supra.

[157]*157Unlike the court in Oberlion, this court concludes that transparent or “tinted” material in and of itself does not justify a motor vehicle stop. N.J.A.C. 13:20-33.6, and N.J.A.C. 13:20-33.7, which supersedes this Code section as of November 15, 1999, do not per se make every motor vehicle with transparent or “tinted” material on its windshield or windows violative of the law.

A closer look at N.J.A.C. 13:20-33.6, which was current through November 15, 1999, and dealt with “Glazing”, reveals there exists no per se violation for having “glazing” or “tinting” on a motor vehicle. In pertinent part, N.J.A.C. 13:20-33.6 reads as follows:

(a) All glazing used on motor vehicles after July 1, 1935, must be approved type which is legible and permanently marked wiih the manufacturer’s name, trademark, DOT number or as to be visible when the glazing is installed in the vehicle. The AS number must also appear and the proper type glazing must be types of glazing are as follows:
1. AS-1: Mandatory in windshields but may be used for any other window in a motor vehicle;
2. AS-2: Anywhere except windshields;
3. AS-3: Rear side windows on buses;
4.

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Cite This Page — Counsel Stack

Bluebook (online)
777 A.2d 1041, 343 N.J. Super. 153, 2001 N.J. Super. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-rm-njsuperctappdiv-2001.