Legal Question in Criminal Law in Tennessee

TCA 55-9-107 (exerpt):

"(d) It is probable cause for a full-time, salaried police officer of this state to detain a motor vehicle being operated on the public roads, streets or highways of this state when the officer has a reasonable belief that the motor vehicle is in violation of subdivision (a)(1), for the purpose of conducting a field comparison test."

So the question becomes:

Did the officer see a vehicle being "operated on the public roads, streets or highways of this state" ... and ...

Did the officer detain the motor vehicle "for the purpose of conducting a field comparison test."

So the answer is very fact specific. If the officer saw the driver drive, thought the window was too dark, followed the car until the driver pulled into his driveway, called for backup, then got out of his car and demanded to test the windows, then yes, it was lawful.

If the officer was driving by and saw a window that he thought was too dark and decided to knock on the door of the house, pull the driver/owner out, and demand they open the car for a test, it was unlawful. And so is any subsequent search. ... but ...

In any event, the authority for even a lawful stop is to conduct a "field comparison test" of the window tint, not to snoop around inside the car.

I am accustomed to seeing an officer pulls a driver over for a "window tint violation" and when the window is rolled down immediately detects the stink of the loathesome weed. The officer now has probable cause to search the car for the marijuana. It's usually all downhill from there.

LESSON ONE: Don't be riding dirty.

LESSON TWO: If you are riding dirty, obey all the traffic laws, including window tint.

LESSON THREE: You might beat the rap, but you probably won't beat the ride. Getting a charge dismissed after

you have been arrested, posted bond, had your mug shot posted on "Mug Shots R Us," hired a lawyer and missed a few days of work, is what we call a "Pyrrhic victory."