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Heavy tinting and jostling in the car do not by themselves justify a search.

13 Dec Heavy tinting and jostling in the car do not by themselves justify a search.

defense lawyer Jon Katz. Defending results for his clients.

Praised be the D.C. Court of Appeals for reversing a drug felony conviction, by invalidating a car search — based on the officer’s claim of reasonable articulable suspicion that one or both occupants were armed and dangerous — arising from a stop for dark tint on the defendant’s car, the switching of seating positions by the driver and passenger after the stop for dark tinting (with the new driver’s seat occupant explaining the switch based on the other occupant’s not having a valid license), and much jostling in the vehicle to the point that the van was shaking. Jackson v. U.S., ___ A.3d ___ (D.C., Dec. 13, 2012).

This was  2-1 decision, and may very well be taken up en banc.

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