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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


  1. 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.


  2. 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.


  3. 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.


  4. 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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