To Chalk or Not

[caption id="attachment_3481" align="aligncenter" width="425"] SQ Attorneys[/caption]

Is the practice of chalking tires to monitor parking legal? That debate is now at hand due to some crafty arguments raised by two Michigan lawyers.  On Monday a three federal judge panel unanimously ruled that the police practice of chalking tires was unconstitutional because it violates the Fourth Amendment ban on unreasonable searches and seizures.  That ruling only impacts the states overseen by the 6^th Circuit Court of Appeals – Michigan, Ohio, Kentucky and Tennessee.  That said, other states not overseen by the 6^th Circuit have taken notice of the ruling and have chosen to modify the chalking practice used for parking enforcement.  Essentially, the attorneys arguing the issue hung their proverbial hats on some case law related to GPS monitoring, and the fact that the government is prohibited from tracking someone with a device attached to their car without a search warrant.  They argued that in like kind marking/ chalking a tire impugns one’s right to privacy and to be free from unlawful searches and seizures.  The 6^th Circuit judges found that the enforcement practice of ‘chalking’ was not a matter of public safety but was more akin to simply a method to raise revenue; moreover, there was no probable cause to justify the ‘search’.  It is always interesting to see how the winds of change impact our laws.  Will Washington State go the way of the 6^th Circuit Court of Appeals, or will it ‘chalk’ the ruling up to nothing more than hyperbole.  Only time will tell.

If you are a loved one is cited with an infraction or charged with a crime, it is a very smart idea to immediately hire a qualified Seattle Criminal Defense Lawyer. The Seattle Criminal Defense Attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle Criminal Lawyers that are dedicated to providing top notch, aggressive representation for those arrested or charged for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether you are cited with an infraction or arrested and/or charged with misdemeanor, gross misdemeanor or a felony, protect yourself … call SQ Attorneys at (206) 441-0900.