Let me preface that I never drive drunk or otherwise intoxicated and I dislike fishing expeditions, LEO intimidation or the violation of citizens rights. My question is if a LEO demands the removal of sunglasses during a traffic stop or other such encounter is this a lawful directive? I feel that it would not be but I am unsure. I have searched the forum and can not find this discussed previously. I am aware of the right to remain silent and to refuse any questioning except for name and address. I am also aware of the right to refuse any searches or field sobriety testing and would only submit to searches or sobriety testing post arrest. Anyone know the answer to this question?
The bank I used to go into told me I had to remove my dark glasses to do business in their building. (Washington Mutual used to hold my mortgage, because they bought it.) I siad, "How about, NO!?" "Then leave." "OK, but I cannot see where that door is without my glasses..." I'd tell a cop the same thing.
I think the eyes are the strongest identifying features on our face. The officer likely has your DL in his hand. He's trying to verify your identity, and your photo wasn't taken with sunglasses on. Just sayin. If your prescription glasses aren't required for driving, they won't even let you wear them for your photo. I just had mine done a few weeks ago.
I'm not sure of the legality of making you remove your sunglasses. I would like to know a definitive answer myself. Most LEO's wear sunglasses so you can't see their eyes. The eyes can tell a lot about a person and what they are feeling or about to do. It's important to them to be able to see into your eyes and you not see into theirs. I sure would like for some LEO to expand on this issue because I've often wondered also.
Yup... always. I do not need my glasses for driving, just for seeing my speedometer and fuel status. Somebody please cite the Georgia Code section for "Must remove dark glasses upon request"
If this is in GA and an officer had PC to pull you over, an officer can arrest you for any traffic violation. I suspect if you don't comply with the sunglasses request, the officer will simply arrest you for the traffic violation and then remove the sunglasses.
Or do whatever else they wanted to do to you......since you have no rights and are at their mercy....
I am not so sure that an officer can arrest you for a traffic cite to that extent. Legacy responded to that in this thread, and he is correct. viewtopic.php?f=6&t=54790&hilit=arrest What is more likely, he's going to have a problem with one of the S&Ws on my hip, the Ruger in my pocket, and the Berretta in the small of my back.... That, from my experience, will be the cause of my sporting silver manacles, not the "Go pound sand, I am not going to take off my glasses for you, cuz I still need to be able to clear my handguns if you don't know how..." statement I make just before that event... YMMV....
The law views an issuance of a ticket as an "arrest". If he takes you to jail for a minor traffic offense just because you wouldn't remove your sunglasses is over the top, and you may have legal recourse. Of course, this is not legal advice and I am not a lawyer.
Correct. It was in Sarnia abt 4 years ago...i got pulled over into secondary to get my vehicle searched...
Well, the arrest reason, of course, would be the traffic violation, not the sunglasses... The real reason would be the shades.