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Federal appeals court says tire-chalking by parking enforcement officers is unconstitutional
Washington Post ^ | April 22 at 6:45 PM | Fred Barbash

Posted on 04/22/2019 7:39:27 PM PDT by kingu

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To: Paladin2

I had a friend in Milwaukee years AGO. He would chalk mark vehicles’ tires just for the hell of it. OH, what fun when the drivers got back to find out that a Three Wheel Motorcycle Meter Maid/Butler papered his car!


41 posted on 04/22/2019 8:25:20 PM PDT by TaMoDee (The Pack will be back in 2019! Go Pack!!)
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To: anton

Well, you have a good point but who would’ve thought this would reach a FEDERAL Appeals Court either? One could argue that the Supreme Court needs to attempt to clarify what is meant by “unreasonable” searches.


42 posted on 04/22/2019 8:31:44 PM PDT by libertylover (Democrats hated Lincoln too.)
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To: Lurker

They can just take time stamped photos of each vehicle and match them up later.


43 posted on 04/22/2019 8:34:17 PM PDT by reg45 (Barack 0bama: Gone but not forgiven.)
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To: libertylover

Everyone gets an appeal. But, only one as of right. The second one is discretionary. And, more like a lottery ticket than a bus ticket.


44 posted on 04/22/2019 8:34:59 PM PDT by anton
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To: centurion316

“The chalk is obsolete.”

I actually watched the parking clowns do it here in Hollywood, a year ago. Funny part is that most people who work and liver here, know exactly which streets to park in due to the experience of getting tickets from these pukes..


45 posted on 04/22/2019 8:36:47 PM PDT by max americana (Fired libtards at our company for the past 12 yrs at every election. I hope all liberals die.)
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To: kingu

Marking a tire with chalk is NOT a “search.” What a harebrained ruling.


46 posted on 04/22/2019 8:37:10 PM PDT by Steve_Seattle
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To: kingu

............. Well .... I am pretty sure that Parking Enforcement Officers Nationwide just lost that ..... One Tool ....... that made their jobs easy ....


47 posted on 04/22/2019 8:39:30 PM PDT by R_Kangel ("A nation of sheep will beget a nation ruled by wolves")
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To: kingu; Gamecock; SaveFerris; PROCON; Army Air Corps; KC_Lion

How about a chalk outline? That guy should be available in between murders.


48 posted on 04/22/2019 8:39:59 PM PDT by Larry Lucido
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To: ClearCase_guy

Every judge or justice to ever use the word penumbra seriously should have been impeached, disbarred, rode out of town on a rail and then presented with a bill for having the fire department there while their homes and possessions were torched.


49 posted on 04/22/2019 8:42:07 PM PDT by Rurudyne (Standup Philosopher)
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To: ifinnegan

Probably will criticize them for not being gender inclusive enough too on account of “maid”.


50 posted on 04/22/2019 8:43:41 PM PDT by Rurudyne (Standup Philosopher)
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To: ClearCase_guy

And I can’t find a box of Crayola’s “sidewalk chalk” anywhere.


51 posted on 04/22/2019 8:44:49 PM PDT by 4Runner
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To: kingu

I expect this to be reversed.


52 posted on 04/22/2019 9:01:43 PM PDT by rdl6989
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To: kaehurowing

When I was younger I worked at a bank downtown with very limited parking. We all got plenty of parking tickets even trying to keep up with moving because of the tire chalking. We’d all stack the tickets on our desk and at the end of the month send in half of the ticket amount. They always accepted it. Guess they thought they were making plenty of money off the tickets anyway.


53 posted on 04/22/2019 9:16:27 PM PDT by sheana
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To: FreedomPoster
Congratulatrions, FP.

Yours is the first reply on this thread to correctly identify the main reason a car can't be parked all day in a business district with impunity.

Whether this case is adjudicated in favor of the driver or the city could, and probably will, force a change in the way Saginaw enforces on-street parking limits.

In older cities and towns, those built before the automobile came into common use, finding a place to park near a downtown business you want to patronize--however briefly--can be a challenge of one's patience. For that reason (and, too often, the lure of boosting the city's revenue), most towns put a time limit for on-street parking, allegedly to help small businesses stay profitable but also (not often admitted, but it's a fact) to collect taxes and fees the town would otherwise lose if residents decided the parking hassle wasn't worth it and went to the suburban shopping malls instead.

It's a balancing act for cities to provide "free parking" on the street while at the same time trying to keep traffic moving. The two cannot coexist.

Behind-the-store parking lots can reduce the need for meters, chalking tires and meter maids.

Of course, any time a city proposes tearing down buildings for parking--free or otherwise--preservationists and greenies will pitch a fit.

As trivial as this case looks, there could be some unexpected results whichever way the court rules.

54 posted on 04/22/2019 9:21:44 PM PDT by logician2u
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To: kingu

A society that makes laws but the makes the means of enforcing the law illegal is a country run by lunatics, aka Leftist judges.


55 posted on 04/22/2019 9:24:42 PM PDT by robel
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To: kingu

I just roll my car a few feet Then it don’t count


56 posted on 04/22/2019 9:33:21 PM PDT by Truthoverpower (The guvmint you get is the Trump winning express !)
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To: kingu

Putting chalk marks on my tires lowers my MPG.


57 posted on 04/22/2019 9:33:23 PM PDT by taxesareforever (Islam is an ideology. It is NOT a religion.)
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To: All; kingu
Before: KEITH, KETHLEDGE, and DONALD, Circuit Judges.

Keith is 96 years old and appointed by Carter, Kethledge was appointed by W, Donald was appointed by Obama.

58 posted on 04/22/2019 9:56:21 PM PDT by newzjunkey (Fake news lies, credibility dies.)
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To: kingu

This ruling is WAY out of date. Parking police are now using license plate readers synced to digital/wireless meters and cities are raking in millions on both fines and overpayments. In this technology era, there’s no excuse for not having a system based primarily upon a pay-as-you-go or “bulk” payment system which debits a parking account or bills a credit card. Oh, no: Now you can overpay with your debit or credit card rather than paying into a parking account in advance because you KNOW that you’re going to need a parking credit.

But if they fixed a broken system then the cities wouldn’t have a windfall in fines, now would they?

/s

Parking fines in this era (LONG past mere quarters) are unconstitutional civil asset forfeiture of a different sort.

Period.

As a footnote: In my state they’ve proved that free parking in a downtown area revitalizes business and eclipses the perceived fiscal benefit of fines.


59 posted on 04/22/2019 10:18:14 PM PDT by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
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To: centurion316

but if they don’t watch, can they really testify that it did not move?


60 posted on 04/22/2019 10:25:28 PM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!)
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