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Corrupt Government
See other Corrupt Government Articles

Title: Court: Chalking parked car tires violates Fourth Amendment
Source: Fox News
URL Source: https://www.foxnews.com/auto/court- ... ires-violates-fourth-amendment
Published: Apr 24, 2019
Author: Associated Press
Post Date: 2019-04-24 19:29:35 by Hondo68
Keywords: None
Views: 159
Comments: 17

(Getty Images)

Marking tires to enforce parking rules is like entering property without a search warrant, a federal court said Monday as it declared the practice unconstitutional in Michigan and three other states.

Alison Taylor had received more than a dozen $15 tickets for exceeding the two-hour parking limit in Saginaw. The city marks tires with chalk to keep track of how long a vehicle is parked. Her lawyer argued that a parking patrol officer violated the Fourth Amendment right against unreasonable searches.

A three-judge panel of the appeals court agreed.

The purpose of marking tires was to "raise revenue," not to protect the public against a safety risk, the 6th U.S. Circuit Court of Appeals said.

"The city does not demonstrate, in law or logic, that the need to deter drivers from exceeding the time permitted for parking — before they have even done so — is sufficient to justify a warrantless search under the community caretaker rationale," the court said.

The decision sets a new standard for Michigan, Ohio, Kentucky and Tennessee, the states covered by the 6th Circuit. The court overturned an opinion by U.S. District Judge Thomas Ludington, who had called the legal theory "unorthodox" and dismissed the case in favor of Saginaw.

Saginaw's city manager didn't immediately reply to a message seeking comment.

Taylor's attorney, Philip Ellison, began researching the issue when another lawyer complained that his tire was marked while he sat in his car. It's apparently a common practice in downtown Saginaw, where there are no meters to enforce time limits.

"A good portion of my practice is representing the everyday person," Ellison said.

He argued that marking tires was similar to police secretly putting a GPS device on a vehicle without a proper warrant, which was the subject of a 2012 U.S. Supreme Court ruling.

"We don't think everyone deserves free parking," Ellison told The Associated Press. "But the process Saginaw selected is unconstitutional. ... I'm very glad the three judges who got this case took it seriously. It affects so many people."

The case will return to federal court in Bay City. Ellison wants Ludington to certify the lawsuit as a class-action, with refunds for people who got tickets. He said Saginaw has been collecting up to $200,000 a year with parking tickets from tire marking.

Poster Comment:

Parking is NOT free, you already paid dearly for the road & curb with your taxes.

Get chalk off of MUH ROADS you thieving bureaucrats! (1 image)

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#1. To: Hondo68 (#0)

You only get fined $15, you cheap skate, pay up.

At another level, the city could move into the twenty-first century and rely on number plate recognition to determine how long the vehicle has been there, taking time-stamped photographs as evidence or would this also be considered violation of privacy, taking pictures of my vehicle without my permission?

paraclete  posted on  2019-04-24   20:17:09 ET  Reply   Trace   Private Reply  

#2. To: paraclete (#1)

You only get fined $15, you cheap skate, pay up.

Maybe in Australia. Here it would be $125 including court costs probably. In New York who knows.

I was working on a job once. Some high school kids parked in a zone that was only 2 hour parking. Some police officer came and chalked all their tires, about 8 of them. A little bit later I took my used dust mask and erased all the chalk on the tires. Later when the officer returned he or maybe it was a she just looked at all the tires and left not writing any tickets.

A K A Stone  posted on  2019-04-24   21:06:36 ET  Reply   Trace   Private Reply  

#3. To: A K A Stone (#2)

I took my used dust mask and erased all the chalk on the tires. Later when the officer returned he or maybe it was a she just looked at all the tires and left not writing any tickets.

Yes we have all done it as well as driving around the block, etc.

Our fines for overstay are not small, but, with the new system, we know that the parking inspector will be able to circumnavigate the city in an hour and so arrive back at our appointed spot very shortly after the time expires. With no excuse, you have to move on or get fined. I haven't had a fine since

paraclete  posted on  2019-04-24   22:51:54 ET  Reply   Trace   Private Reply  

#4. To: A K A Stone (#2)

A little bit later I took my used dust mask and erased all the chalk on the tires

Good work!

Hondo68  posted on  2019-04-24   23:01:39 ET  Reply   Trace   Private Reply  

#5. To: paraclete (#1)

or would this also be considered violation of privacy, taking pictures of my vehicle without my permission?

Nah. You're allowed to take pictures and videos of cops without their permission, right? Hell, even after they ask you to stop you can continue.

So I don't see why not.

misterwhite  posted on  2019-04-25   8:55:32 ET  Reply   Trace   Private Reply  

#6. To: Hondo68 (#0)

The purpose of marking tires was to "raise revenue," not to protect the public against a safety risk, the 6th U.S. Circuit Court of Appeals said.

Then what is putting up parking meters if not "raising revenue"? A parking meter serves the same function as marking tires, yet it's constitutional.

So now the city is forced to spend money on meters to do the same thing. That's government for you.

misterwhite  posted on  2019-04-25   9:00:47 ET  Reply   Trace   Private Reply  

#7. To: misterwhite (#6)

The people already paid for the roads. Now you want them to rent a space too.

A K A Stone  posted on  2019-04-25   9:04:15 ET  Reply   Trace   Private Reply  

#8. To: A K A Stone (#7)

The people already paid for the roads. Now you want them to rent a space too.

They don't have to park on the road and put a nickel in the meter. They can park in a private garage and pay $10 an hour.

misterwhite  posted on  2019-04-25   10:20:09 ET  Reply   Trace   Private Reply  

#9. To: Hondo68 (#0)

It's apparently a common practice in downtown Saginaw, where there are no meters to enforce time limits.

Well I was all in favor of enforcing the chalk-marking until I read this...

Then I changed my mind... chalk-marking is a lazy/cheap-ass way of doing it...

Install the parking meters & toss the goddam scofflaws into jail...

Willie Green  posted on  2019-04-25   10:39:29 ET  Reply   Trace   Private Reply  

#10. To: A K A Stone (#7)

The people already paid for the roads.

Maybe & maybe not...

Who knows how much actually trickles down to local government after state & county governments gobble down the lion's share of gas-tax revenues & license/registration fees, etc.

With the dominance of suburban strip malls, I seldom frequent anywhere that has need of metered street parking or public parking garages. But even though they're a pain in the patoot, I don't object to their legitimate use...

Metered parking provides legitimate revenue for local government street cleaning & maintenance... Plus in highly congested areas, it helps assure that people only park as long as necessary instead of hogging a spot all day long... Downtown merchants & commerce depend on customers ability to quickly park, get in & out & leave a spot open for the next customer... Business suffers when cars squat all day long directly in front of their stores...

Willie Green  posted on  2019-04-25   11:03:21 ET  Reply   Trace   Private Reply  

#11. To: Willie Green (#10)

I went to the big city to visit a friend in the hospital. The parking meter only took credit and debit cards, so I did what I had to do.

p.s. Cool Hand Luke is one of my favorite films.

Fred Mertz  posted on  2019-04-25   11:08:21 ET  Reply   Trace   Private Reply  

#12. To: Willie Green, misterwhite, collectivist, commie, gov crook (#9) (Edited)

Thank you for pointing out the obvious solution to misterwhite's parking meter thievery scam.

For some weird reason whitey thinks it's double plus good to steal with parking meters rather than with chalk. Claims it's all super constitutional like.

What's the difference, you still get ripped off by government mobsters? The guy has no respect for the taxpayers personal property, your and MUH ROADS!

Obviously he's a SOCIALIST (commie) who believes that everything belongs to the State collective Communist Party.

misterwhite's collectivist creed

Hondo68  posted on  2019-04-25   12:03:29 ET  Reply   Trace   Private Reply  

#13. To: Fred Mertz (#11)

Hey Fred!

The two hospitals that I routinely frequent for my checkups both have parking garages... One has an attendant booth & charges $6 when you enter... The other issues you a token that looks like a poker chip... Inside the hospital, patients like me can get the security guard to activate the computer chip that's embedded in the token so when you leave you drop it in the slot & that operates the lift-gate to let you out of the garage... Regular visitors still have to pay something, and there's some kind of maching that looks like an ATM that they insert their token & cash or credit card and it gives them back their activated token so they can get out of the garage. It's pretty nifty and a lot simpler to use than it is to describe.

But I can't remember the last time I saw a meter... It's been years...

I'm surprised I remembered that Cool Hand Luke intro... I was just a freshman in HS when that came out... and I remember a bunch of us had to take the bus downtown to go see it because none of us knew how to drive yet.. LOL! That was a LONG time ago.. Woodstock was just a few years later...

BTW, did you hear that Woodstock 50 is being held this year?

That's amazing... only it's being held at Watkins Glen, 150 miles away from the actual Woodstock. What's up with that? Friggin' ripoff if you ask me...

I was at that Watkins Glen shindig back in '73 (me & the same bunch of friends who rode the bus to Cool Hand Luke 6 years earlier) Anyway, getting lost in a crowd of 600K deadheads & potheads was a helluva memorable experience... But it still wasn't Woodstock, so I don't know how they get away with that false advertising... Woodstock 50 oughta be held IN Woodstock, not Watkins Glen... Two different concerts, two different places...


BTW... We HAD tickets to go to Woodstock (same group of friends that went to Cool Hand Luke & Watkins Glen). But that was the summer right before our senior year of HS and most of us were just turning 17... So we had to submit to having a parent go along with us as a chaperone... So since there was nothing for Mr T to do in Woodstock (different Mr T, not the one on TV), we traded in our tickets and went to the Atlantic City Pop Festival instead... (And Mr T could spend his time on the boardwalk while we were at the concert) Besides, it was no big deal since it was 2 weeks earlier & basicly the same groups who were supposed to be at Woodstock.... and nobody knew that Woodstock was gonna be WOODSTOCK...

And for 50 years we've been kicking ourselves in the butt because we had to have a goddam chaperone...

LOL! So that's my goddam SOB-story about how I didn't get to Woodstock...

And to think it all started with Cool Hand Luke... LOL!

Willie Green  posted on  2019-04-25   12:13:11 ET  Reply   Trace   Private Reply  

#14. To: Willie Green (#13)

Say hey Willie!

Nice stories. My two older sisters went to Woodstock and saw the Beatles in Shea Stadium. I endured their music at home for hours on end.

Fred Mertz  posted on  2019-04-25   12:41:36 ET  Reply   Trace   Private Reply  

#15. To: Fred Mertz (#14) (Edited)

Buying tickets is something a Greaser would do, or a Boy Scout, not a real hippie.

I was just out of HS and the guy next door asked if I wanted a ride to this concert in upstate NY but I was too stoned to make it to the car so I missed Woodstock. Real hippie!

Hondo68  posted on  2019-04-25   13:41:20 ET  Reply   Trace   Private Reply  

#16. To: Hondo68, GrandIsland, A K A Stone, Pinguinite, Deckard (#0)

Verse One:

"A tire is Black; The road is White
The chaulk is yellow; Sir, are you high?

Ticket ink is black; Your copy is white
The whole world frowns upon the sight...
a wallet that's now light...igh-ight-igh-ight.....

And now a child can understand
That parking violations... are law of the land
All the land...."

Verse Two:

"The op is black; Chemtrails are white
Together they move to block the light
The sky is white, Chemtrails a blight
The weather is cold; Global Warming is bull... ...Can't see-ee the liiiight...."

Liberator  posted on  2019-04-25   15:31:32 ET  Reply   Trace   Private Reply  

#17. To: Hondo68 (#12)

Melissa Harris Perry -- another self-important bitch from academia who didn't know how to behave in the real world.

Good riddance.

misterwhite  posted on  2019-04-26   8:54:34 ET  Reply   Trace   Private Reply  

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