As of Monday, April 22, the practice\nof chalking tires to enforce parking regulations has been deemed\nunconstitutional in the states of Michigan, Kentucky, Ohio, and Tennessee. <\/p>\n\n\n\n
Allison Taylor, a Michigan resident,\nsued the city of Saginaw over the 15 parking tickets that she had received between\n2014 and 2017. The parking enforcement officer, also known as a \u201cmeter maid,\u201d\nTabitha Hoskins, had issued each ticket.<\/p>\n\n\n\n
Taylor\u2019s\nlawyer argued that the practice of tire chalking was not protected by the\ncommunity caretaker exception, and that the city failed to provide any other\nexception allowing a warrantless search to be conducted, violating the 4th<\/sup>\nAmendment. <\/p>\n\n\n\n The 6th\nU.S. Circuit Court of Appeals agreed unanimously, ruling that the city was not\nprotected by the community caretaker exception and was searching vehicles “that are parked legally, without probable cause,\nor even so much as ‘individualized suspicion of wrongdoing.\u201d<\/p>\n\n\n\n The case has been likened to the 2012\nSupreme Court case that ruled the placing of a GPS tracker onto a car\nsurmounted to a search, as in both cases the government is physically marking\nprivate property to obtain information without probable cause.<\/p>\n\n\n\n The practice of chalking is conducted\nin many cities across the United States as a way of raising revenue. Law\nprofessor Orin Kerr claims that parking enforcement officers could be rid of\nthis constitutional issue if they were to simply take a picture of the car, so\nthere could be a record of the placement of the car without physically marking\nit.<\/p>\n\n\n\n The city of Abilene parking\nenforcement officers and meter maids practice chalking. By heeding the words of\nOrin Kerr, there won\u2019t be any questioning the constitutionality of the parking\nregulations.<\/p>\n","protected":false},"excerpt":{"rendered":" As of Monday, April 22, the practice of chalking tires to enforce parking regulations has been deemed unconstitutional in the states of Michigan, Kentucky, Ohio, and Tennessee. Allison Taylor, […]<\/p>\n","protected":false},"author":7,"featured_media":66,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-65","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","clearfix"],"jetpack_featured_media_url":"https:\/\/blogs.mcm.edu\/herald\/wp-content\/uploads\/2019\/05\/meter-maid.jpg","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/blogs.mcm.edu\/herald\/wp-json\/wp\/v2\/posts\/65","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.mcm.edu\/herald\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.mcm.edu\/herald\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.mcm.edu\/herald\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.mcm.edu\/herald\/wp-json\/wp\/v2\/comments?post=65"}],"version-history":[{"count":1,"href":"https:\/\/blogs.mcm.edu\/herald\/wp-json\/wp\/v2\/posts\/65\/revisions"}],"predecessor-version":[{"id":67,"href":"https:\/\/blogs.mcm.edu\/herald\/wp-json\/wp\/v2\/posts\/65\/revisions\/67"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blogs.mcm.edu\/herald\/wp-json\/wp\/v2\/media\/66"}],"wp:attachment":[{"href":"https:\/\/blogs.mcm.edu\/herald\/wp-json\/wp\/v2\/media?parent=65"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.mcm.edu\/herald\/wp-json\/wp\/v2\/categories?post=65"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.mcm.edu\/herald\/wp-json\/wp\/v2\/tags?post=65"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}