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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

The age-old parking enforcement practice of tire-chalking is unconstitutional, a federal appeals court ruled Monday, saying it violated the Fourth Amendment’s bar on unreasonable searches.

The U.S. Court of Appeals for the 6th Circuit, in a first-of-its-kind decision, ruled that marking a car’s tires to gather information is a form of trespass requiring a warrant, similar to police attaching a GPS to a vehicle to track a suspected drug dealer.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: US: District of Columbia; US: Kentucky; US: Michigan; US: Ohio; US: Tennessee
KEYWORDS: 4thamendment; 6thcircuit; districtofcolumbia; fourthamendment; fredbarbash; kentucky; michigan; ohio; sixthcircuit; tennessee; washingtoncompost; washingtonpost
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Quite a leap of logic to imply that a tracking device attached and broadcasting by police is the same as a mark of chalk...
1 posted on 04/22/2019 7:39:27 PM PDT by kingu
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To: kingu

If you read the Penumbra, you can probably find evidence of the Founders being obsessed with chalk marks of all kinds.


2 posted on 04/22/2019 7:41:25 PM PDT by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: kingu

Excellent. Make the meter maids stand there and watch.

L


3 posted on 04/22/2019 7:42:11 PM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: kingu

A society becoming stupider by the day.


4 posted on 04/22/2019 7:42:19 PM PDT by onedoug
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To: kingu

I certainly feel safer, don’t you *-? Thanks, Judge.


5 posted on 04/22/2019 7:44:15 PM PDT by NormsRevenge (Semper Fi - Monthly Donors Rock!!!)
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To: kingu; Chode

Well I guess some “Public Safety Officer” that runs the Parking Spots on Main Street in Downtown Mooresville will have to find a “Real” Job here soon.


6 posted on 04/22/2019 7:47:12 PM PDT by mabarker1 (Congress- the opposite of PROGRESS!!!)
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To: Lurker

“Excellent. Make the meter maids stand there and watch.”

Crazy judge will say looking at a car is unconstitutional.


7 posted on 04/22/2019 7:48:18 PM PDT by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: kingu

The courts are out of control.

Let the meter maid take a photo of the car with its license tag. The meta data will provide the time and the location. The chalk is obsolete. Someone can create an app that will compare photos taken over the two hours permitted for parking and send an alert to the meter maid, so that he can go and hang a ticket on the offending car. We didn’t touch the car, Your Honor. Photos and radar guns have already declared legal, so no search is required.


8 posted on 04/22/2019 7:48:51 PM PDT by centurion316
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To: kingu

Another stupid ruling - chalk is NOT a tracking device like GPS transmitters are. It’s a MARKING device and no more tha a tracking if they use chalk to write the license plate # under the car!


9 posted on 04/22/2019 7:49:33 PM PDT by Skywise
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To: ifinnegan

Milwaukee, among other places, videos the vehicles and can then check for wheel movement on subsequent passes.

No need for chalk these days.


10 posted on 04/22/2019 7:50:48 PM PDT by Paladin2
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To: centurion316

See, to me, I think photographing my car and entering it into a database to see if I *MIGHT* break the law is something of a constitutional question.

A chalk mark that if it’s still in the same location an hour later? NEXT!


11 posted on 04/22/2019 7:51:05 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: kingu

Well heck.

You know what this means, right?

We just have to put cameras covering all the metered parking spaces. With face recognition capability, of course.


12 posted on 04/22/2019 7:51:24 PM PDT by Grimmy (equivocation is but the first step along the road to capitulation)
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To: kingu
The Fourth Amendment to the U.S. Constitution bars “unreasonable searches.” But a U.S. District Court in Bay City, Mich., had dismissed the lawsuit, concluding that chalking, while a type of search, was not at all unreasonable.

Bullsh!t. It's completely reasonable unless they spray paint the tire to mark it. This will be overturned.

13 posted on 04/22/2019 7:51:44 PM PDT by libertylover (Democrats hated Lincoln too.)
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To: Lurker

When the guy leaves his rusted kidnap van in front of your house for three weeks you will sing a different tune.


14 posted on 04/22/2019 7:52:59 PM PDT by anton
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To: kingu

Interesting, I don’t like the whole meter maid thing. It’s more government out to justify/collect its salary from citizens. Self licking ice cream cones. So the result of this is enforcement will drop, revenues will drop, and governments at city and town levels will have to decide to reduce force or raise a tax elsewhere.

As to how to address parking, I don’t know. It’s one of many reasons I avoid and don’t live in cities. Either just take away all street parking, or make it all free public parking, like it mostly used to be.


15 posted on 04/22/2019 7:53:20 PM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them)
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To: onedoug

How in the world can the 4th amendment possibly exist, when the 16th amendment requires that American turn over their personal papers to the government for tax purposes? Lunacy.


16 posted on 04/22/2019 7:53:34 PM PDT by vannrox (The Preamble to the Bill of Rights - without it, our Bill of Rights is meaningless!)
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To: kingu

It warms the cockles of my heart to know that all the ‘petty’ stuff has been taken care of and now we are allowed to go after the ‘real stuff’.

It is starting to seem like everyday ‘they’ just try and jump the shark with stupidity, yet, they can be just as absurd tomorrow....


17 posted on 04/22/2019 7:53:52 PM PDT by xrmusn (6/98"Getting rich as a Politician means doing something illegal''(trunc) HS Truman)
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To: libertylover

I doubt the SCOTUS is gonna hear a case on chalking tires.


18 posted on 04/22/2019 7:54:02 PM PDT by anton
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To: kingu

Does the judge own stock in a certain tech company? License plate scanners with GPS and wifi to the node would be able to do the job more efficiently, with, of course, a much higher initial outlay.


19 posted on 04/22/2019 7:55:01 PM PDT by PAR35
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To: kingu

Nevertheless this will end little fiefdoms all over the fruited plain. Here is the scheme as rendered. Create an impossible parking plan, send out hordes of uniformed thugs with sticks of chalk and ticket books. Install a judge who is paid with a part of the take. Shame anyone who gets pissed at the uniformed thugs with chalk. It makes money. Law and order Republicans will support it. Grows the city budget and hires deadbeats who otherwise have no marketable skills. Builds and enhances the power of the mayors office. Keeps a torte lawyer off welfare because that’s the idiot who you hire to be the judge. Police chief is happy because he too gets part of the take.

Just scum preying off the stupid.


20 posted on 04/22/2019 7:55:09 PM PDT by DariusBane (Liberty and Risk. Flip sides of the same coin. So how much risk will YOU accept? Vive Deo et Vives)
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