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”Alison Taylor, a frequent recipient of parking tickets, sued the City and its parking enforcement officer Tabitha Hoskins, alleging that chalking violated her Fourth Amendment right to be free from unreasonable search.” http://www.opn.ca6.uscourts.gov/opinions.pdf/19a0076p-06.pdf …
”The district court granted the City’s motion, finding that, while chalking may have constituted a search under the Fourth Amendment, the search was reasonable. Because we chalk this practice up to a regulatory exercise, rather than a community-caretaking function, we REVERSE.”
”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.”
Honestly seems like nonsense to me. Yes, there is a formal “trespass to goods” committed when the chalk is applied: but this seems like a reasonable and minimally intrusive way of enforcing the parking laws. I reckon this will be overturned on appeal.
Yes, that roughly Orin Kerr’s view: https://reason.com/2019/04/23/chalking-tires-and-the-fourth-amendment/ ….
“frequent recipient of parking tickets” is going on my tombstone.
People should pay the parking tickets, and be mindful of the parking signs plastered everywhere.
Ridiculous.
$20 parking ticket > $100k constitutional lawyer
This is such bullshit, someone kept a rundown vintage truck parked infront of my house without moving for years... YEARS. And the chalk was the only way we ever got the truck moved. He ofc just pushed it to the other side and would repeat this every time it got chalked again
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