Chalking tires to track parking violators is unconstitutional, federal appeals court rules

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  • NeifyT Salt Lake City, UT
    April 24, 2019 1:58 p.m.

    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]).

  • A Guy With A Brain Enid, OK
    April 24, 2019 12:08 p.m.

    Ridiculous whining. A small chalk mark on your car tire neither destroys, not violates, nothing.

    Responsibility and common sense are fading fast in America. Sigh....

  • California Steve Hanford, CA
    April 24, 2019 9:26 a.m.

    15 violations. A chronic violator. Just pay the fines and stop breaking the law.

  • IJ Hyrum, Ut
    April 24, 2019 8:07 a.m.

    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.

  • RiDal Sandy, UT
    April 23, 2019 9:59 p.m.

    Simple solution: Officers snap a cell phone picture of the car, time stamped.

  • papa one Salt Lake City, UT
    April 23, 2019 8:21 p.m.

    I wonder what the legal costs were vs. the parking ticket costs?

  • Out of the Blue Layton, UT
    April 23, 2019 4:39 p.m.

    @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 opposite.

  • SAS Sandy, UT
    April 23, 2019 3:24 p.m.

    So by that logic, is it also unconstitutional to leave a parking ticket on a car's windshield?