Chalking tires unconstitutional

Court Finds Marking Tires of Parked Cars Unconstitutional

626ac2f6-b511-4852-ac99-0511d486613b.jpg


Does this mean a whole lot of parking tickets are going to be overturned? And will municipalities have to pay back the fines?


This could be a disaster for some.


A federal appeals court has ruled a police practice of chalking tires to determine whether a vehicle overstays a given time limit on a parking space is unconstitutional, The New York Times is reporting.

The enforcement practice is in violation of the Fourth Amendment’s ban on unreasonable searches and seizures.

The Times reported it was unclear what will happen now as a result of the ruling by the Sixth Circuit Court of Appeals. The court’s decision is binding in only the four states covered by the court – Ohio, Michigan, Tennessee, and Kentucky.

Meanwhile, the Downtown Development Authority in Bay City, Michigan announced that it will no longer order the chalking of car tires.

More @ Court Finds Marking Tires of Parked Cars Unconstitutional
 
Court Finds Marking Tires of Parked Cars Unconstitutional

626ac2f6-b511-4852-ac99-0511d486613b.jpg


Does this mean a whole lot of parking tickets are going to be overturned? And will municipalities have to pay back the fines?


This could be a disaster for some.


A federal appeals court has ruled a police practice of chalking tires to determine whether a vehicle overstays a given time limit on a parking space is unconstitutional, The New York Times is reporting.

The enforcement practice is in violation of the Fourth Amendment’s ban on unreasonable searches and seizures.

The Times reported it was unclear what will happen now as a result of the ruling by the Sixth Circuit Court of Appeals. The court’s decision is binding in only the four states covered by the court – Ohio, Michigan, Tennessee, and Kentucky.

Meanwhile, the Downtown Development Authority in Bay City, Michigan announced that it will no longer order the chalking of car tires.

More @ Court Finds Marking Tires of Parked Cars Unconstitutional
I repeat, portable plate scanners will solve that problem.
 
‘The Fourth Amendment protects against "unreasonable searches and seizures." And the city's chalking of cars "to raise revenue" does not qualify as a public safety concern that could allow a search without a warrant, the court said.’ ibid

Good.
 
‘The Fourth Amendment protects against "unreasonable searches and seizures." And the city's chalking of cars "to raise revenue" does not qualify as a public safety concern that could allow a search without a warrant, the court said.’ ibid

Good.
It is a form of graphite. So it's property damage without permission. Maybe I don't want chalk on my tires.
 
They do it in areas without meters but 30 min parking signs or some similar restriction

They mainly do it in areas with meters, but to enforce the "maximum parking time".

It's to prevent people from running out every 2 hours (if the area is a 2 hour max) and feeding the meter for another 2 hours.
Shouldn’t matter as long as you are paying
What if you are working?


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It doesn't matter in NYC now. A toll surcharge of $12.00 is to be placed on all vehicles that enter Manhattan below 60th Street. If you park on the street that will cost you an additional starts at $165 and goes higher. No need for chalk marks there....
One more reason not to go to NYC
Correction: One more reason not to DRIVE to NYC

Correction

Not to GO to NYC
 

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