I agree that chalking the tires is unconstitutional when it is done simply to
identify a car and notice how long it has been in a position; it is a type of
search.There must first need be "probable cause" AND a
"warrant" just as any other search.What does that look like
for parking enforcement? The enforcer notices the same car in the same sport
longer than the parking limit (observation of probable cause). The enforcer
goes before a judge; and states under oath that he observed this same car parked
in the same spot for longer than is allowed; and asks the judge for the
authority (warrant); to chalk the car's tires as evidence of violation.Judge agrees, issues the warrant; and then enforcer chalks the tires;
and thus collects the evidence and issues the fines.Just follow
"due process" and all is good.Note: with Electronic
Warrants... it only takes 3 minutes to obtain a warrant; really don't need
to bypass due process under time constraints.(That said, if an
officer by oath claims something that later is proved factually wrong and he was
lying about in order to obtain the warrant; the officer should be charged with
perjury [hence why due process includes an oath]).
Ridiculous whining. A small chalk mark on your car tire neither destroys, not
violates, nothing.Responsibility and common sense are fading fast in
15 violations. A chronic violator. Just pay the fines and stop breaking the law.
I disagree. This is an identification process, not a search. It hurts nothing
to have your tire marked. The perpetrator is upset because she broke the law
and was cited. This is rediculous; it is a waste of time, money, and resources
that could be used on better thing.
Simple solution: Officers snap a cell phone picture of the car, time stamped.
I wonder what the legal costs were vs. the parking ticket costs?
@SAS - Not quite. The problem is you are chalking the tire before there is a
reasonable expectation that anything has been done wrong or would be. Putting a
ticket on a car happens after law enforcement (through some non-chalking manner)
have determined you have violated the code. I think this case is ridiculous by
the way. I think you shouldould have to prove harm to people who are not parking
too long when they are "illegally searched" when it is actually the
So by that logic, is it also unconstitutional to leave a parking ticket on a