State v. Harrison

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. Subsequent 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. 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.