Unconstitutional Chalk Marking

[StricklandJ]

What is the name of your state? Washington (98926)

Hello, today I was parked in a 15 minute parking spot at my state university. I did not receive a ticket, however I did notice a couple chalk markings on my tire. After I saw this I took a picture to document it and remembered hearing on the news that a U.S. appeals court had ruled this practice "unconstitutional" as its a warrant less search without probable cause of committing a crime under the 4th amendment.

My question is, what should I do? Id really like to bring this up to the university parking department. I feel its important to hold the enforcers of the law to the same standards as members of the general public are.

Thanks.

Here is the link to the Appeals Court Ruling in April of 2019: https://www.opn.ca6.uscourts.gov/opinions.pdf/19a0076p-06.pdf

 

[quincy]

You did not receive a ticket for exceeding the 15 minute time limit so I am not sure what your complaint is over.

 

[StricklandJ]

You did not receive a ticket for exceeding the 15 minute time limit so I am not sure what your complaint is over.

My complaint would be over the fact that they physically marked my tires.

 

[quincy]

My complaint would be over the fact that they physically marked my tires.

Are you thinking vandalism? What damages have you suffered?

Perhaps a kid had some sidewalk chalk and marked tires for a lark?

 

[PayrollHRGuy]

The US Appeals Court for the 6th Circuit does not have jurisdiction in your state.

 

[Just Blue]

My complaint would be over the fact that they physically marked my tires.

In what way...what was written on your tires?

 

[quincy]

In what way...what was written on your tires?

Tire marking used to be done by meter readers to determine if someone was overstaying their welcome in a parking spot. If the mark (a simple white chalk line on the tire) was there when the meter reader returned in an hour (or whenever), the car was ticketed.

 

[StricklandJ]

Are you thinking vandalism? What damages have you suffered?

Perhaps a kid had some sidewalk chalk and marked tires for a lark?

What I'm getting at is that they shouldn't be marking tires in the first place, after an appeals court ruled this practice unconstitutional. Them marking my tires is defined as a "search" within the meaning of the forth amendment.

So was this "search" reasonable? According to the court, no.

"The automobile exception permits officers to search a vehicle without a warrant if they have “probable cause to believe that the vehicle contains evidence of a crime.” United States v. Smith, 510 F.3d 641, 647 (6th Cir. 2007) (citation omitted). No such probable cause existed here. Thus, the automobile exception is inapplicable. "

 

[Just Blue]

Tire marking used to be done by meter readers to determine if someone was overstaying their welcome in a parking spot. If the mark (a simple white chalk line on the tire) was there when the meter reader returned in an hour (or whenever), the car was ticketed.

Thank You!!

 

[quincy]

How do you know who marked your tires? And why does this really matter in the whole scheme of things? You were not ticketed.

 

[Just Blue]

Much ado about nothing.

 

[StricklandJ]

In what way...what was written on your tires?

A long horizontal blue line across the top of the tire, and a vertical line on the bottom of the tire.

I added a link to the image. --> Chalked Tire

 

[StricklandJ]

How do you know who marked your tires? And why does this really matter in the whole scheme of things? You were not ticketed.

The US Appeals Court for the 6th Circuit does not have jurisdiction in your state.

That makes sense. So if I did get a ticket, and appealed it through the city, would I be able to at least reference the ruling in support of an argument of dismissing the ticket?

 

[quincy]

Much ado about nothing.

Sure seems that way to me.

It reminds me of the child (child’s parents) ticketed for drawing chalk pictures on a sidewalk.

A long horizontal blue line across the top of the tire, and a vertical line on the bottom of the tire.

I added a link to the image. --> Chalked Tire

That is certainly damage worth making a big stink about.

Seriously, unless you were ticketed, it is really better for you to concentrate on your college studies. And obey parking signs in the future.

 

[StricklandJ]

How do you know who marked your tires? And why does this really matter in the whole scheme of things? You were not ticketed.

That is a good point, as while it just makes sense that it was parking enforcement, as I was parked in a 15min parking spot outside a student union building, it would be harder to cement that claim without evidence. It matters to me as I have been ticketed in poorly marked areas. Its more for at least an argumentative understanding.