cdestroyer
Member
chalking of tires as an enforcement of a parking violation has been found to violate the 4th amendment.
chalking of tires as an enforcement of a parking violation has been found to violate the 4th amendment.
Oh I see...so no fine... ?When the tire has been chalked, the bylaw person can return there in an hour, if it’s an hour long parking zone, and know the car has been there over the permitted time. Usually it’s been much longer.
The chalking does not include a fine, until the parking officer returns and the car is still parked past its allowed time.Oh I see...so no fine... ?
Usually if the officer comes back and car still there, he issues a ticket which he can fight or just pay the fine.Oh I see...so no fine... ?
That's the one. Michigan is in the 6th Circuit's jurisdiction.
A Search occurs when a persons privacy is invaded. A "pat down" by police checking for weapons IS a search, even though reaching inside pockets is not done. The term Search means more than looking inside say a woman's purse for contraband. The case explains the reasoning.IMO, the court is far-reaching on the definition of what a search is. How chalking can be a search is beyond me.
A ticket can only be issued when the offense has occurred but is also discretionary to issue. Many jurisdictions have reduced parking violations to what are known as "Infractions", a NON criminal offense, just a civil violation.What's the reasoning behind that?.. is this a warning instead of giving a ticket..or is it along with a ticket... ?
I'm sure they record other evidentiary elements, tag #, make/model, VIN, etc. also.What happens if you park, and the chalk line from two days ago is still visible-do you get a ticket.
It’s chalk - it disappears almost instantly once driving.What happens if you park, and the chalk line from two days ago is still visible-do you get a ticket.?
Around here, it’s just the mark. They don’t waste time writing down things unless they’re giving a ticket.I'm sure they record other evidentiary elements, tag #, make/model, VIN, etc. also.