Court: Chalking parked car tires violates Fourth Amendment - Mercedes Benz SLK Forum
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#1 Old 04-25-2019
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Court: Chalking parked car tires violates Fourth Amendment



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.
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#2 Old 04-25-2019
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This post brought you by FLOSSY ...the KING of unimportant OFF TOPIC Posts.
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#3 Old 04-25-2019
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Love it !!!!!!!!!
All the techniques used to raise revenue, not safety, should be abandoned, IMHO

BTW, look at the "What did you do to your SLK today" post, I couldn't figure out how to start
a new thread...brain fart I think

It's about a no reserve SLK 320 on BaT auctions
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#4 Old 04-25-2019
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Quote:
Originally Posted by vlodarty View Post
Love it !!!!!!!!!
All the techniques used to raise revenue, not safety, should be abandoned, IMHO

BTW, look at the "What did you do to your SLK today" post, I couldn't figure out how to start
a new thread...brain fart I think

It's about a no reserve SLK 320 on BaT auctions
You cannot post a new thread in "What did you do to your SLK today".
You can only post a reply there.
It is a thread in it's own right, not a section such as "General Discussion".

Cars for sale go into this section https://www.slkworld.com/slk-cars-sale/
Threads for cars not owned by members have restrictions.

I moved your for sale post into a thread of it's own.
https://www.slkworld.com/slk-cars-sa...-auctions.html
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#5 Old 04-25-2019
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Speed traps should be limited to school zones ?

and what about the FDR dongles insurance companies are requiring ?


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Some folks will always wriggle when caught in violation.
Man up.

All the overlords will do is take a photo like in the uk.
Our rights should be protected, but stunts like this cheapen our systems.

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