Here is how the 4th Amendment is treated:
That bit of chalk left on your car’s tire by a parking officer is unconstitutional, a federal court ruled Monday.
A three-judge panel took up the case of Alison Taylor, a Michigan woman who received 15 parking tickets during a three-year feud with a single parking officer, Tabitha Hoskins of the City of Saginaw.
Taylor’s lawyer argued that the city’s physical marking with chalk, done to note how long a vehicle is parked, amounted to searching without a warrant — a violation of the Fourth Amendment. The 6th U.S. Circuit Court of Appeals panel unanimously agreed.
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,” the court’s opinion states.
The Fourth Amendment protects against “unreasonable searches and seizures.” And the city’s chalking of cars “to raise revenue” does not qualify as a public safety concern that could allow a search without a warrant, the court said.
The court’s decision affects Michigan, Ohio, Kentucky and Tennessee.
“Trespassing upon a privately-owned vehicle parked on a public street to place a chalk mark to begin gathering information to ultimately impose a government sanction is unconstitutional under the Fourth Amendment,” Taylor’s lawyer, Philip Ellison, said in a court filing reported by NPR.
Ellison said that covertly marking a tire with chalk is not unlike police secretly putting a GPS on a car without a warrant, according to the Associated Press.
So what would it look like if the 2nd Amendment were treated like the 4th?
Certainly all the laws against owning a gun, knife, or pepper spray would go away. No licenses or registration could be required for any type of arm. For your 4th of July party you could rent an old M40 and purchase its ammo on Amazon. And Glock 17s would be in blister packs of six at Costco.
“…Glock 17s would be in blister packs of six at Costco.”
No, they’d be some odd number like 5 or 9 so you’d have to either get two smaller packs or the larger one and still have more left over then you wanted.
Of course now I’m thinking of the Kirkland branded Glock equivalents in a 15 pack…
So a chalk mark on a tire is an unconstitutional search, but sobriety checkpoints, searches by the TSA, and roadblocks by ICE are just fine and dandy.
I kept looking to see if it was an April’s Fools joke or something. The ruling looks legit. Absolutely amazing (perhaps even ridiculous until you read the ruling and see the precedent upon which it is based).
There is a lesson to be learned here. It is critical that gun law precedents be established in such a way that a very firm foundation is formed to build up to the conclusions that “shall not be infringed” means what it says.
I doubt it will stand upon appeal, but then we live in interesting times and it’s clear YUGE changes are afoot.
This was an unanimous Federal appeals courts decision. The city has to get SCOTUS to agree to hear it. I think the odds are low that will happen.
It can get en banc review under FRAP 35. Also, you could apply that what-if to the other amendments. Solitary confinement but no chalk marking (8th amendment)? Years long criminal conviction process but no chalk marking (6th amendment)? Or even to other 4th am scenarios, e.g. warrantless search and seizure of garbage but not chalk marking…..
I think the Costco blister packs would either be small, medium, and large (think Glock 36, 30, and 21 in the same pack) or 3 calibers in the same size (think Glock 26, 27, and 30 in the same pack). Either way, that would be very nice……..
The fact that Costco is rabidly anti-gun goes unnoticed, again.