That parking officer who swipes a chalk mark on your tire to keep track of how long you've been parked is violating the Constitution, a federal appeals court panel found on Monday.
A traffic enforcement officer chalks tires while walking the streets of Historic Old Town Arvada, enforcing parking regulations, on Aug. 9, 2014 in Arvada, Colorado.Get breaking news alerts and special reports. The news and stories that matter, delivered weekday mornings.That parking officer who swipes a chalk mark on your tire to keep track of how long you've been parked is violating the Constitution, a federal appeals court panel found Monday.
Taylor argued that marking tires with chalk constituted an unreasonable search under the Fourth Amendment to the Constitution. But a U.S. district judge in Michigan dismissed the suit in 2017, writing that even if chalking a tire is a search, it's a reasonable one, because a piece of chalk isn't an"information-gathering device" that could violate Taylor's privacy, like a GPS tracker, for example.
U.S. Circuit Judge Bernice Bouie Donald wrote that when drivers pull into parking spaces,"the city commences its search on vehicles that are parked legally, without probable cause or even so much as 'individualized suspicion of wrongdoing' — the touchstone of the reasonableness standard." In fact, she wrote,"there has been a trespass in this case because the City made intentional physical contact with Taylor's vehicle."
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