A federal appeals court ruled Monday that “chalking” of car tires — a common practice by parking enforcement officers across the US — violates the Constitution.that putting a chalk mark on tires in order to track how long a vehicle has been parked was a violation of the Fourth Amendment, which protects people against unreasonable searches of their property.
Taylor’s lawsuit was dismissed by a Michigan district court, which ruled that the practice of chalking amounted to a “reasonable” search of Taylor’s car because people had a lesser expectation of privacy with cars and because the search was to protect the public’s safety under the “community caretaker exception.”
Donald also wrote that Taylor’s lawfully parked car did not pose any risk to public safety, and so the city was not acting as a “community caretaker” by chalking her car. The city chalked cars to raise revenue, not to protect the public’s safety, Donald wrote.The panel also determined that while the city was entitled to regulate orderly parking, it had to do so within constitutional limits.
An aside: when parking checkers used actual white chalk pieces to mark tires, sometimes people would wipe marks off.
At first it sounds good, but they are just going to photograph your car now, which is a bigger invasion of privacy, in my opinion, and they'll get away with it by saying it's in public, so you don't have the expectation of privacy.
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