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Old 04-23-2019, 07:49 PM   #1 (permalink)
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Parking officers Chalking Tires

Court Says Using Chalk On Tires For Parking Enforcement Violates Constitution
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The next time parking enforcement officers use chalk to mark your tires, they might be acting unconstitutionally.

A federal appeals court ruled Monday that "chalking" is a violation of the Fourth Amendment.

The case was brought by Alison Taylor, a Michigan woman whom the court describes as a "frequent recipient of parking tickets." The city of Saginaw, Mich., like countless other cities around the country, uses chalk to mark the tires of cars to enforce time limits on parking.

By the time Taylor received her 15th citation in just a few years, she decided to go after the city — and specifically after parking enforcement officer Tabitha Hoskins.

Hoskins, Taylor alleged in her lawsuit, was a "prolific" chalker. Every single one of Taylor's 15 tickets was issued by Hoskins after she marked a tire with chalk, and then circled back to see if Taylor's car had moved. That chalking, Taylor argued, was unconstitutional.

"Trespassing upon a privately-owned vehicle parked on a public street to place a chalk mark to begin gathering information to ultimately impose a government sanction is unconstitutional under the Fourth Amendment," Taylor's lawyer, Philip Ellison, wrote in a court filing.

A three-judge panel of the U.S. Court of Appeals for the 6th Circuit unanimously agreed. Chalking tires is a kind of trespass, Judge Bernice Donald wrote for the panel, and it requires a warrant. The decision affects the 6th Circuit, which includes Michigan, Ohio, Kentucky and Tennessee.

The Fourth Amendment protects people from "unreasonable searches and seizures." To determine whether a violation has occurred, the court first asks whether the government's conduct counts as a search; if so, it asks whether the search was reasonable.

The court found that chalking is indeed a "search" for purposes of the Fourth Amendment, because government officials physically trespass upon a constitutionally protected area to obtain information. Just as the Supreme Court ruled in 2012 that sticking a GPS tracker to a car counted as a "search," so is marking a tire with chalk to figure out how long it has been parked, the court wrote.

And that search wasn't reasonable, the court said. The city searches vehicles "that are parked legally, without probable cause, or even so much as 'individualized suspicion of wrongdoing' — the touchstone of the reasonableness standard," the court wrote.

"We don't think everyone deserves free parking," Ellison, the attorney who brought the case, 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."

Law professor Orin Kerr, noting that he had never seen a chalking case before, said parking enforcement officers could sidestep the constitutional issue altogether by simply taking a photo of the car rather than using chalk. "That way parking enforcement can learn the placement of the car [without] physically marking it," Kerr wrote.

On her Facebook page, Taylor — the recipient of frequent parking tickets — delighted in the fact that future law students would get to read about her case while studying the Fourth Amendment. "That's definitely the most exciting part!" she wrote. "I've helped change the law."

https://www.npr.org/2019/04/23/71624...653FkaarupJB0c
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Old 04-23-2019, 07:59 PM   #2 (permalink)
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One would think the legal system would have better things to do then pander to the wants of a compulsive bad driver.
And feed.....
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Old 04-23-2019, 08:02 PM   #3 (permalink)
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Didnt trivial pursuit have a wuestion something like.
What is a legal for of stealing? The parking meter...


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Old 04-23-2019, 08:05 PM   #4 (permalink)
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While I agree it is good to see people fighting back to keep thier rights. The argument does seem valid the way it is described in the artical.
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Old 04-23-2019, 08:06 PM   #5 (permalink)
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and Tabitha Hoskins walks away without even a slap on the wrist.
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Old 04-23-2019, 08:27 PM   #6 (permalink)
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Old 04-23-2019, 09:40 PM   #7 (permalink)
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What a miserable lazy cunt. instead of getting off her ass and not violating parking code (which is a free activity btw) she cries constitutions constitutions i knows mys rights. She blames someone else. The fact that they agreed with her is whats the most surprising.


Theyve been chalking tires for 30+/- years? And this sour cow gets butthurt that she keeps getting tickets for not following the rules.
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Old 04-23-2019, 09:44 PM   #8 (permalink)
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While I agree it is good to see people fighting back to keep thier rights. The argument does seem valid the way it is described in the artical.
Seems completely irrelivant. The next cunt will just complain that they are stalking her or violating her privacy by tracking her and documenting her activities
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Old 04-23-2019, 10:10 PM   #9 (permalink)
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What a miserable lazy cunt. instead of getting off her ass and not violating parking code (which is a free activity btw) she cries constitutions constitutions i knows mys rights. She blames someone else. The fact that they agreed with her is whats the most surprising.


Theyve been chalking tires for 30+/- years? And this sour cow gets butthurt that she keeps getting tickets for not following the rules.
30+ years of violating rights in the name of law enforcement doesn't mean it's any less a violation of rights. Ironically, the fee I had in mind for cleaning the chalk off my tire was the same as the parking ticket. Let's call it even.
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Old 04-24-2019, 12:01 AM   #10 (permalink)
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Seems completely irrelivant. The next cunt will just complain that they are stalking her or violating her privacy by tracking her and documenting her activities
Seems like a completely valid argument to me.

The government can get the fuck out of my life. Thank you.
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Old 04-24-2019, 02:44 AM   #11 (permalink)
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And yet my constitutional right to keep and bear arms is under fire and in danger of being taken away on a daily basis.................just un fucking believable
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Old 04-24-2019, 03:45 AM   #12 (permalink)
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Seems like a completely valid argument to me.

The government can get the fuck out of my life. Thank you.
THIS
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Old 04-24-2019, 04:27 AM   #13 (permalink)
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I might have agreed with people bitching about this prior to moving back to the city last year, but, it's crazy how much the city here gets away with bullshit parking enforcement. They'll just write tickets constantly for shit that's not even breaking parking code and hope people just pay it. Last time I had to go to court one of the judges was just going off on this fat meter maid because everyone that showed up had their tickets thrown out because she was full of shit. She basically shrugged her shoulders and walked out after and you know damn well she's still doing it.

The meter maids act like they can do whatever the fuck they want here because they get away with it. They park in fire lanes, no parking areas, the middle of the road, ect all the time.

People get towed for street cleaning all the time as well because the city half ass puts signage up if they do at all. I got towed a couple months ago from a legal parking spot. Caught the tow driver halfway down the block and stopped him. Got a cop to come over and I had pictures of me being parked 3-4 car lengths inside the parking zone and I ended up having to let the asshole tow it because I'd been drinking and he would only drop it in the middle of the road.
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Old 04-24-2019, 04:28 AM   #14 (permalink)
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Instead of marking the tires, they should just tow the car
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Old 04-24-2019, 04:39 AM   #15 (permalink)
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Instead of marking the tires, they should just tow the car
They mark the tires before a crime is committed. Should tow the car before a crime is committed also?
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Old 04-24-2019, 04:47 AM   #16 (permalink)
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This will just lead to more paid parking.
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Old 04-24-2019, 04:53 AM   #17 (permalink)
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This will just lead to more paid parking.
Mehh. Better then stupid tickets. I'll get 3 in a day sometimes and I'm probably only guilty of 1 in 20. At the end of the day it is my choice whether I want to live/work/shop in a town that charges for parking.
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Old 04-24-2019, 05:33 AM   #18 (permalink)
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What a miserable lazy cunt. instead of getting off her ass and not violating parking code (which is a free activity btw) she cries constitutions constitutions i knows mys rights. She blames someone else. The fact that they agreed with her is whats the most surprising.


Theyve been chalking tires for 30+/- years? And this sour cow gets butthurt that she keeps getting tickets for not following the rules.


So if they have been wire tapping your phone and computer for long enough your good with it? How about the sat nav built in to your car. How about states wanting to enforce tax by mile, by installing GPS trackers. All of this shit I listed is currently being done, some on a trial basis. You fail to realize that government over reach is just that. If you want to kneel before them like a sheep good for you. Some of us cheer when the people fight back.




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Old 04-24-2019, 05:57 AM   #19 (permalink)
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What a miserable lazy cunt. instead of getting off her ass and not violating parking code (which is a free activity btw) she cries constitutions constitutions i knows mys rights. She blames someone else. The fact that they agreed with her is whats the most surprising.


Theyve been chalking tires for 30+/- years? And this sour cow gets butthurt that she keeps getting tickets for not following the rules.
I have to agree. IMO the judges fawked up on this.
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Old 04-24-2019, 06:02 AM   #20 (permalink)
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Chalking is becoming a thing of the past. A lot of communities are now moving towards license plate scanners that can tell how long you have been parked in a space.

So if they don’t have to physically touch your car i would think it wouldn’t be trespassing.


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Old 04-24-2019, 06:02 AM   #21 (permalink)
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I used to deal with this every day for like 7 years in Milwaukee. The city had designated this large unused area of street parking next to a small useless city park as 2-hour only. The business I worked for was right next to the park and the city wouldn't let us build, buy, or do anything for parking as we grew, so the company just paid the parking tickets for all employees. We couldn't go out and move our cars every 2 hours, but if we saw the chalk lady we would sometimes scramble or go to lunch early or something. The only reason they did this was to make money, not to prevent us from taking spots that the public wanted for the park. I was towed twice because in one week I had 7 tickets that were not paid.
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Old 04-24-2019, 06:12 AM   #22 (permalink)
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I had to google tire chalking.

<IMG>picture of massive amount of empty free parking spots everywhere I go within 200 miles</IMG>
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Old 04-24-2019, 06:16 AM   #23 (permalink)
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I had to google tire chalking.

<IMG>picture of massive amount of empty free parking spots everywhere I go within 200 miles</IMG>
You live up in God's [forsaken] land... It might happen a bit in downtown Marquette, but yeah.... otherwise, no closer than Green Bay, Milwaukee, Chicago.
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Old 04-24-2019, 06:35 AM   #24 (permalink)
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Chalking is becoming a thing of the past. A lot of communities are now moving towards license plate scanners that can tell how long you have been parked in a space.

So if they don’t have to physically touch your car i would think it wouldn’t be trespassing.
Bitching about getting the gov out of your life. Then stay in your your fucking hole Never. And after simple chalking is tossed, the alternative which was made a necessity by the Constitutionalists, is now they will scan your plate. Now all yer shit is in some database. Soon, the Chinese will have it.
How'd that work out for you ?

Remember that show Parking wars ? The Rain Man ??
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Old 04-24-2019, 06:38 AM   #25 (permalink)
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I have to agree. IMO the judges fawked up on this.


lol coming from the fervent SCOTUS defender.
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