NPR-
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.
I got chalked when I was a university student and had to park my car in 2 hour parking because I didn’t have enough money to pay for a parking ramp.
I had some “chalk bitch” that would get me even if I was 5 minutes late!
I took a spray bottle, and a damp cloth, and I went around the neighborhood every time I had class and wiped the tires clean.
I’m sure she noticed and gave them a ticket anyway, but I sure worked my ass off every Thursday after class.
I was working as a para-transit driver, subcontracted through the city, went to pick up a passenger at the university, and there was a line of about 20 handicap spaces that were totally empty at 8 o’clock at night, so I parked there, went in to use the bathroom, came out and there was a huge ticket on my window. I’M DRIVING A VEHICLE FOR THE HANDICAPPED!
I told the company to fight it in court, I’ll gladly show up and defend myself. They informed the city transit authority, who in turn informed parking enforcement that it would basically be the city fighting the city over a parking spot, and they dropped it.
BUNCH OF DUMMIES!
When I was in college, student parking spaces were at a premium and required registration and purchase of a permit sticker. Visitor parking, on the other hand, was plentiful. I just didn’t register or sticker my car and parked in visitor parking for four years. The Klingon-like parking police never noticed.
The court’s argument is ignorant. Trespass requires intrusion and, I would argue, is limited to intrusion on real property. Neither of which occurred in the case.
Likewise privacy has not been breached as both the car and it’s tires are in public view in a public area.
It is, arguably, vandalism. However the court missed that point.
Foolish argument, foolish rationale. Foolish panel, but hey, what’s new?
Reversed!!
Just sayin’.
Unintended consequence about to happen: cities will install parking meters and fines will go up to pay for the meters.
Police will chalk the tire of a DUI person’s car during the period their drivers license is revoked.
I borrowed the car of such a person and got pulled over mid-day. The officer thought he had a slam dunk DUI until I provided my D/L. He didn’t like my saying “I am not the Droid you are looking for.”
If only they could overturn speed cameras my wife would wouldn’t donate as much to corrupt government.
OK – how is putting a chalk mark on a tire on a car parked in a public place a “search” – illegal or otherwise?
No one is “searching” for anything.
And all of this bullshit is beside the basic point: Who paid for the road? Who paid for the parking place? Unless all the parking regulations of the town have passed muster by the voters, they should be null and void – a tyrannic imposition – simply to extort money from the ones who paid for all the shit in the first place.
Pay your property taxes.
Pay your gas taxes.
Pay your auto taxes (registration, fees, &c.).
Pay your income taxes.
Pay your sales taxes.
Pay your commuter taxes.
And now you have to pay a “penalty” for using the stuff you bought?
Better (more comprehensive and thorough) scam than the Mafia!
izlamo delenda est …
So, Tim, what happens the day some out of state driver comes into your town?
DOESN’T pay YOUR property taxes.
DOESN’T pay YOUR gas taxes.
DOESN’T pay auto taxes in YOUR state or municipality.
DOESN’T pay YOUR income taxes.
DOESN’T pay YOUR sales taxes.
DOESN’T pay YOUR commuter taxes.
But he parks his car literally all day in a non-metered parking space that is regulated by a sign that says “2 Hour Parking” while you drive around and around the block trying to find a space so you can shop at a local business.
Should this person be fined? If not, why not?
If he should ONLY because he doesn’t pay any of the above taxes and fees you listed, how is the parking enforcement supposed to know he didn’t and you did?
Speaking of speed cams – A few years ago someone I know got caught going 10 over by two of them placed less than a mile apart on the SAME street! He tried to fight it, but the city couldn’t care less.
TRF,
On the speed camera’s… I’ve always wanted to try fighting those on the basis of having the right to face my accuser. Since my accuser is a piece of software, and I just happen to be skilled in that particular engineering art… Cough up the source code and config files for my review! Which the city likely won’t even have…
KR
Foolish ruling, but it won’t matter. They’ll just switch to taking pictures of the license plates with a time-stamped digital camera.
Peter the Bubblehead,
The “Full Faith and Credit” clause of the Constitution.
We assume that our parking scofflaw has paid his taxes and fees in his home, and, likewise, we can park there.
I hope he comes to town and buys all kinds of stuff, spends like an Arab Sheik, forking over the Sales Tax, and then returns from whence he came.
Hope this helps.
izlamo delenda est …
It’s almost, not quite, but almost, like suffering parasites to live amongst you, until they’ve caused so much irritation that they can no longer be ignored, isn’t a plan, at all.
speed cams are a violation of the Rico Act.
I’m sure 3M makes a tape that can be applied to pavement right next to the tires. Not touching the tires, of course. That can show tire tread marks when driven over. That only cost 3 times what a parking meter costs.
Except the new parking meters are credit card terminals that cost a lot more than the old mechanical coin machines.
What the hell, just outlaw private cars altogether and be done with it.
I liked the red light cam pic where the guy was wearing a gorilla mask. He beat the ticket cuz they couldn’t prove it was him driving. The driver gets the ticket, not the car
As “Jake” noted above. technology will find a way. In fact, with modern license plate ID technology, the meter maids may find all kinds of violations (expired tags, warrants, stolen cars, etc.) be careful what you wish for.
I knew someone who had a car stolen back in the 1960s. 15 years later, they received a summons fo a parking ticket the car had just received. The thief had driven that car for 15 years without getting caught.
I knew someone who had a car stolen back in the 1960s. 15 years later, they received a summons for a parking ticket the car had just received. The thief had driven that car for 15 years without getting caught.
“You didn’t build that parking spot, you don’t own that car…that took government to provide.”
The government believes if you are on a public street the parking Sandinista’s consider you as trespassing on their turf.
Oddly, same goes for county officials who think they can trespass on your property without notice to check on “their” tax base (that you are merely renting from them.) It’s theft when it gets to this mentality.
There will be a backlash as people like this woman fight back…ultimately she won’t win but she’ll feel better for entering the fray against the takers.
Mansfield, here in the Great White North, the owner of the car is responsible. If someone uses your car without your permission and runs over somebody, then returns your car before you realize it was gone, you could be charged with running over the person because it is your car.
@ Tim
I hope he comes to town and buys all kinds of stuff, spends like an Arab Sheik, forking over the Sales Tax, and then returns from whence he came.
Hope this helps.
Nope, doesn’t help at all. In my scenario, he rides into town, parks in a regulated space all day to visit his welfare-collecting deadbeat friend. Doesn’t spend a plug nickle in your town. Meanwhile, YOU are still driving around and around wasting gas costing you nearly $3 a gallon because you can’t find a legal parking space.
Still think the ‘government’ should not be allowed to enforce the existing law?
Uses to deal with this s%&$ all the time in NYC with deadbeats driving unregistered, uninsured cars (or worse yet, card with UN ‘Diplomatic’ license plates) parking in all sorts of places they weren’t allowed, all day and all night, while law-abiding drivers couldn’t park within a mile of their intended destination. I was more than happy to see them get their illegal-@$$ vehicles towed.
Peter the Bubblehead,
I live outside of a town of 750 peeps.
If you can’t find a parking spot, you’re functionally retarded (not you, but in general).
I guess different towns generate different problems for themselves and have to handle them as best they can. My argument is STILL that the Parking Regs be up to the voters, not the Town (City) Administration. The whole thing smells like a revenue scam to me.
izlamo delenda est …