Chalking tires to enforce parking rules is unconstitutional

[camping bum]

[font=PublicoText, Georgia, TimesNewRoman,]In [size=large][font=PublicoText, Georgia, TimesNewRoman,]Michigan a[/font][/font][/size]
[font=PublicoText, Georgia, TimesNewRoman,]U.S. Circuit Judge Bernice Bouie Donald wrote that when drivers pull into parking spaces, "the city commences its search on vehicles that are parked legally, without probable cause or even so much as 'individualized suspicion of wrongdoing' — the touchstone of the reasonableness standard."[/font]

[font=PublicoText, Georgia, TimesNewRoman,]Moreover, overstaying your welcome at a parking space doesn't cause "injury or ongoing harm to the community," she wrote, meaning the city is wrong to argue that parking enforcement is part of its "community caretaking" responsibility, potentially justifying a search without a warrant.[/font]

https://www.nbcnews.com/news/amp/nc...E7_hbTbH0uWCGqTGJ43Rd5KN0IZ_ZIN4T7J_g4eF1p_HU

 

[bullfrog]

Maybe they should use paint ball guns at 20'!!! LOL!!!

 

[Spaceman Spiff]

Any bets on how long it takes for parking meters to go up?

 

[Seminole Wind]

does anyone else see the irony that some dude wins in court cause the meter maid smeared a little chalk on his tire.

yet we are still having people lives ruined with asset forfeiture

as for tire chalking being unconstitutional, i can see and am willing to support their argument. if it is up held at the supreme court level. it could be a game changer. unfortunately i dont see that happening. the supreme court has already up held the ability of the government to detain a and question citizens arbitrarily without cause or suspicion, like with DUI check points and immigration check points or agricultural inspection stations. their premise is that if everyone is stopped for no reason it is ok. so i can see where the supreme court may rule that as long as the meter maid is chalking all the cars in the zone it is ok...

we can only hope for better. it seams these days that as long as the government violates all of our rights equally they can get away with it...

 

[RoadtripsAndCampfires]

Buy a better watch.

 

[Seminole Wind]

Chalking is also done in residential neighborhoods. But even if chalking is banned it won't matter because now many municipalities that have better IT resourcets scan your license plates into a time stamped file.

a picture of a parked car does not prove it stayed there the entire time. could easily have run to the store and come back to the same spot. where as with chalk, the chances the chalk mark stayed on or ended up in the same orientation is minuscule.  also from a constitutional point, it is not the chalk that has been ruled infringing, it is the marking with out suspicion that is subject. if the ruling stands, then most other forms of marking would be easily challenged on the same premise

 

[lenny flank]

Sorry folks, I am neither of the "oppressive communist government !!!!!" or the "fascist police state !!!!!" conspiracy-theories.

 

[highdesertranger]

I just knew this thread would cause trouble. I have already deleted one post.

stay on topic or I will close this thread.

highdesertranger

 

[highdesertranger]

ok I went back to the start and deleted a bunch of posts for being argumentative, off topic, and for quoting the posts in question. next such post will get the poster warning points. highdesertranger

 

[flying kurbmaster]

A lot of cities now have sensors at each parking spot, that are connected to a main frame at the council offices, where they can tell how long someone has been on top of the sensor, tire marking is a thing of the last past.