Former ACP Challenges Roadside Removal of Vehicle Tints

By Kisean Joseph
kisean.joseph@antiguaobserver.com
Former Assistant Commissioner of Police Nuffield Burnette has challenged the practice of officers ordering motorists to remove vehicle window tints at the roadside without first proving that the tint exceeds the legal limit.
Burnette, speaking on Observer AM, said the proper procedure is for police to charge a driver and have the tint tested, rather than order its removal during a traffic stop based solely on visual judgement.
“You charge me, you take my vehicle, the tint is whatever, above the grade. You charge me and take the vehicle to wherever and you’re going to take the tint off if it’s above the grade. You cannot order me to take no tint off or nothing,” Burnette said. “And if it is, are you going to take the tint off? You should have a right to take the tint off. And if you have a right to take the tint off, what is the charge? You can’t just take my tint off and you’re not even proving to me that my tint is.”
Burnette recalled a case from his time leading the force’s Professional Standards branch which, he said, illustrated the risk of officers acting without proper testing.
“Somebody came and reported to me, as the person in charge of Professional Standards, that the police took off their tint and the tint, in their view, was not above the grade. The person had a dark interior and probably it appeared darker than it was,” Burnette said. “When we ran tests on it, the thing was well within the limit.”
Burnette said he responded by recommending that the force compensate the affected driver.
“I wrote a report to suggest to the executive of the force that the police want to buy the tint back and pay to put it on,” he said.
Burnette’s comments came during a wider explanation of the limits of police authority during traffic stops and searches. He also addressed the rules governing searches of vehicles, private residences and individuals based on suspicion.
He said officers can search a person or vehicle on suspicion without the individual’s permission, but a home search requires a warrant issued by a magistrate. He maintained that vehicle tint should be removed only after testing confirms a violation and a charge has been laid.