Whether they chalk a tire like above, or bag bomb it like below, they are violating your constitutional rights.
Marking your tires with chalk is trespassing, not law enforcement, the 6th U.S. Circuit Court of Appeals panel said in a Michigan case.
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."
A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati reinstated a 2017 case brought by Alison Taylor, who was issued 15 parking tickets in three years in Saginaw, Michigan, by the same parking enforcement officer, who's described in the suit as the city's "most prolific issuer of parking tickets."
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.
Moreover, overstaying your welcome at a parking space doesn't cause "injury or ongoing harm to the community," she wrote, meaning the city is wrong to argue that parking enforcement is part of its "community caretaking" responsibility, potentially justifying a search without a warrant.
In fact, she wrote, "there has been a trespass in this case because the City made intentional physical contact with Taylor's vehicle."
While Saginaw is entitled to regulate public parking, "the manner in which it chooses to do so is not without constitutional limitation," Donald wrote.
https://www.nbcnews.com/news/us-news/chalking-tires-enforce-parking-rules-unconstitutional-court-finds-n997326
https://www.npr.org/2019/04/23/716248823/court-says-using-chalk-on-tires-for-parking-enforcement-violates-constitution
Oh, for anyone new to this blog, who is instantly offended at my attitude toward law enforcement, and wonders what the fuck is wrong with this guy? What's his problem?
Answer, nothing. I don't have a problem, and I don't inflict anything on anyone. This is my "blog" and lest ye forget, that means writing whatever you want, putting it on the internet, and anyone that don't like it can move along. Anyone that wants more can keep coming back for updates, and anyone that wants to comment, dialog, and discuss is pretty much welcome to.
But, keep in mind, no matter how many charities I support, how many awesome cops I applaud, and times I do something helpful with spreading the word about a stolen car, bike, or truck - I'm stillt eh guy that is upset that police are willfully destructive of civil rights (you think they read the Miranda rights because they WANT you to know you can silently not respond to their bullshit? and prevent your spontaneous utterance that would otherwise convict yourself?) and often are the instigators that operate with immunity to their own lawbreaking.. case in point, Waco, May 15th, 4 years ago, police snipers murdered 9 bikers with headshots, and injured 20 more, arrested 177. All charges dropped, no biker brought to trail and convicted, and only one brought to trial - and yet all the police pulling triggers and murdering citizens - regardless of weapons possession - couldn't make a case for arresting, and convicting, the very bikers they opened fire on.
If the guys shooting the bikers were from Saudi Arabia? We'd wash the streets in their blood on 9-11.
But, they were cops, and had no reason to shoot bikers who weren't shooting at them. They were having a lunch meeting at a restaurant like Chilis or Bennigans. So... what the fuck is my problem? Police are only authorized and permitted to enforce laws, not kill people without a trial, and when arresting 177, injuring 20, and killing 9 - they ought to be fired from their jobs for not having a reason to open fire, not have a case to bring to trial and get a conviction on, and not have the audacity and hypocrisy to go around pretending to enforce laws they've just broken - arresting people for not shooting each other, by shooting them? Killing citizens without due process of law, who aren't even holding a weapon? Or shutting down a kids lemonade stand? Cops are assholes.
https://justacarguy.blogspot.com/2017/12/oklahoma-highway-patrol-broke-my.html
Oh, yeah, and then there's this, know why? Police commit crimes, and know that they are part of an organization that commits crimes.
Do people know that they are joining a gang that commits crimes? Yeah, I think anyone joining a police force in Los Angeles has heard of the Rampart Scandal.
"Fullerton Police Chief David Hendricks and one of his captains, Thomas Oliveras, were forced to take a leave of absence. They got drunk and put an EMT in a chokehold when he responded to a woman who needed medical attention at a concert."
"Turbo the 22-month-old police dog died after Master Police Officer and police dog handler David Hurt of South Carolina’s Columbia Police Department left the Labrador retriever mix in a hot police car unattended for 6 hours."
Kovach pulled over the car with a driver and three passengers in it outside of a home without alerting dispatch. He then tells the driver, his daughter's boyfriend Makai Coleman, to get out of the car because he's "going to jail."
In bodycam video, Kovach temporarily detains the boy and his daughter, and can be heard ordering the young man to get out of the car and telling him, "You're going to jail," and is heard saying, "We'll make shit up as we go."
The paper obtained documents related to the dismissal which said Kovach's actions warranted "immediate dismissal." In a memo obtained by the paper, police chief Cel Rivera said the actions were "an abuse of police authority and a serious departure from appropriate protocol…they are contrary to the mission, values and policies of the Lorain Police Department."
https://justacarguy.blogspot.com/2018/12/for-first-time-in-nearly-20-years-los.html
https://justacarguy.blogspot.com/2017/10/know-why-kids-dont-dress-up-as-cops-but.html
So, anyway, if you wondered why? That's why. If you think I don't give equal time to applauding great cops? You're mistaken. They simply do not show up in the news very often... and my hero and frequent example of an awesome cop is Maine State Trooper Stephan Murray. I've admired him for his professionalism since 1995 http://justacarguy.blogspot.com/2014/10/reminder-of-how-cops-can-act.html
I used to post a hero of the day. I ran out of heroes after the cop above sang "twinkle twinkle little star" to the kid whose dad had just died in the SUV rollover in 2015.
http://justacarguy.blogspot.com/2015/06/hero-of-day-brighton-colorado-pd.html
I don't think I've heard of another hero cop I can admire since. If I did, I posted it. But I can't remember shit anyway, and can't recall one since.
If you have photos, a link, or a story about an awesome cop from any time at all, or anywhere at all, I'd love to post it and share it.
But, all that ever makes it onto the internet, news, magazines, or radio, are asshole cops committing crimes. So - no, I don't need cops to ever show up to anything. A lot of people have asked "well what if you ever need a cop?" I won't. I was one. 3 years. I left that shit show because of the criminals in uniform with badges that everyone else protected with the "blue wall of silence" the "blue code"
So you heard it here 1st folks, fuck the police. And by the way, a federal district court judge already ruled it's the freedom of speech constitutional right to say so. If you'd rather read some other blog about cops who prefer to beat on citizens? There are a lot out there, and they usually use terms like wolfs and sheep, instead of assholes and citizens. It makes them easy to spot.
The Los Angeles County Sheriff’s Department is taking steps to fire seven deputies for forming a secretive clique dubbed the “Jump Out Boys” who had similar tattoos and celebrated overly aggressive police tactics, a department spokesman said on Thursday.
One of the group’s members, who waved off matching tattoos as common, said his group was not sinister and has a code of conduct pamphlet that promotes proactive policing, the Times reported.
“We are alpha dogs who think and act like the wolf, but never become the wolf,” an excerpt from the pamphlet said.
https://laist.com/2019/04/23/does_the_first_amendment_protect_sheriffs_deputies_tattoos.php
On Tuesday, the oversight panel unanimously voted to direct the county's Office of the Inspector General to conduct an investigation into deputy cliques, potentially setting up more disputes over Sheriff's Department employees' free speech protections.
Commissioner Sean Kennedy, a former federal public defender, wrote an April 2 memo to the commission's ad hoc Committee on Deputy Cliques/Secret Societies.
He pointed to Supreme Court decisions for the government to impose certain limitations on the people it employs.
Last September, members of the Banditos deputy clique at the East L.A. Station allegedly beat up a group of younger deputies, sending two to the hospital, according to legal claims filed by seven deputies. The legal claims — typically a precursor to a lawsuit — argue the department has failed to curb the Banditos and the undue power they hold over station operations.
Another problematic clique was the Vikings, which operated out of the Lynwood Station in the early 1990's. Members of the group saw the use of excessive force against some suspects as acceptable, and rewarded members who got into shootings.
A gang in the L.A. County jails called the 2000 Boys regularly roughed up some of the toughest inmates, according to investigators. In all, the department has had at least a dozen active cliques with names like the Grim Reapers, The Regulators and the Jump Out Boys, according to a 2018 study by Sean Kennedy's students at Loyola Law School.
https://www.latimes.com/local/lanow/la-me-sheriff-tattoo-oversight-commission-20180726-story.html
https://www.latimes.com/local/lanow/la-me-sheriff-internal-investigations-inactivate-20190411-story.html
By the way, the big take away from this chalking the tires should be clear - for about 70 years the police across America chalking tires, each and every one, violated your constitutional right to reasonable search. Their police chief, their shift supervisor, the police commissioner, and the mayor and city clerk that received the fines colluded, and are culpable.
They broke the law, the US Constitution, violated your rights and didn't give a shit, still don't give a shit, and will resist this clear ruling from the 6th U.S. Circuit Court of Appeals and want to continue chalking your car tires or some other method of marking your car so they can collect fines.
Yes, all this comes down to is that police are there to get money from you because you have to park your car where cities have parking meters, where your tax dollars paid for streets, sidewalks, and the parking meters and they have been violating your constitutional rights for about 70 years, and not a single useless moron among them ever thought for a moment that "Hey, What gives me the right to put a mark on something that doesn't belong to me, that hasn't broken a law"
AND THAT is the proof that police suck. They would rather get money from you than LEGALLY be professional without BREAKING the law themselves, and they've been violating your CONSTITUTIONAL rights with impunity, and they got away with it until now
Yeah, I hear ya. Spent way too much time in rural areas where the local PD/Sheriff's deputies were either 1) corrupt 2) lazy 3) poorly trained/incompetent 4) thought the badge meant they could do no wrong 5) bigoted. Then there's the time my wife asked a LEO a simple question about my step daughter who was being questioned by an officer in another room and the LEO said 'is that a threat?' Great way to shut down a situation that he started. Here in N. Charleston a North Charleston PD officer shot a man in the back nine times while he was running away, the man was wanted for failing to pay child support, now he's six feet under. There's good ones, my next door neighbor is. But the bad ones count on their mistakes being swept under the rug.
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