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Am I required to roll UP my windows if I am pulled over and stopped and requested. If not, what would the proper response be.

Brooklyn, NY |

Am I required to roll UP my windows if I am pulled over and stopped and requested.
If not, what would the proper response be.

* The only thing you can't be forced to do is incriminate yourself* Indeed. So if I'm on the highway with my wife and kids and get chased down....I'm well within speed limits, all 4 windows are rolled down by the time I am pulled over. Hands on steering wheel, ignition off. Asked to roll up windows, only to get the window metered and tint ticket. Do I have the right to refuse to roll up my window in this instance. "That said, you should never roll your window down more than a crack when you are pulled over so the police cannot stick their heads in your vehicle and claim that they smell weed as a pretext to search your vehicle. " I disagree Michael. I can't recall ever a time I did not make sure my windows were rolled down, hands on steering wheel by the time the officer comes over to the car. With that said, I don't know how well a *crack* of a window will be favorable in the eyes of the office pulling you over....

Attorney Answers 4

Posted

I am not aware of a specific law but you generally should obey a police officer when you get pulled over. In all likelihood the police had a reason.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

The proper response would be to roll up your windows. Perhaps the officer was fearful for some reason. The only thing you can't be forced to do is incriminate yourself.

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Posted

Rolling down window would be for the Officer's safety. Other than it not wise to mess with an armed Officer there is no law requiring rolling up the windows.

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1 comment

Michael J Palumbo

Michael J Palumbo

Posted

There is not constitutional or legal requirement to roll a window down further than necessary to hand the cop your papers. As a matter of fact, I advise everyone to keep their windows rolled up and just open them enough to hand the cops your license, etc. If they tell you to roll your window down you can refuse; if they order you out of the car make them order you don't consent unless they make it clear that you are being ordered, and then roll all the windows up, turn the car off, lock it, and put the keys in your pocket. Now, nothing is "grabable" so they can't make up some nonsense that they thought they saw a weapon so they can search without a warrant. Also, I advised everyone to never consent to a search and answer every question with "officer, I know you are just doing your job but I don't consent to searches," and "officer, am I being detained or am I free to go." Polite and firm exercising of constitutional rights always wins the day.

Posted

You do not have to roll your window up if the cop tells you to. We have freedoms in this country it is not a police state. That said, you should never roll your window down more than a crack when you are pulled over so the police cannot stick their heads in your vehicle and claim that they smell weed as a pretext to search your vehicle.

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