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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: 1934
Comments: 17
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!
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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?
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.
#3. To: A K A Stone (#2)
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
Good work!
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#2. To: paraclete (#1)
You only get fined $15, you cheap skate, pay up.
Replies to Comment # 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.
#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
End Trace Mode for Comment # 2.
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