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Cars and the Fourth Amendment

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Re: Cars and the Fourth Amendment

#31
post #8

A friend was and LAPD detective for 35 years. He said it gets a lot more sticky in regards to RVs, because then you can claim is is your home.

I'd love to hear more anecdotes about this if you have any.

https://www.youtube.com/watch?v=Wfr0g7__9YA

While not legal advice, it's pretty much exactly what the GP was describing

Edit: corrected clip to the correct scene

Re: Cars and the Fourth Amendment

#32

An old parking enforcement technique is to put a chalk mark on a car's tire: if you come back after two hours and see the same car with the marked tire you know that it has parked too long and can be ticketed. The 6th circuit recently ruled that is an unconstitutional search[1]: a government agent is physically intruding on a private area (your car) and searching it for information (how long it's been there). Neat st…

For a while I have struggled with how vehicles in the US are treated. A national ID system and the requirement to ID onesself is opposed for many likely valid reasons but a national ID system for cars and the requirement to ID yourself is in some way materially different?

As I just recently commented elsewhere: There is a right to travel and a right to engage in interstate commerce. Sure, you can argue there is no right to drive a car, but only inasmuch as there is no right to operate a printing press and distribute leaflets.

Re: Cars and the Fourth Amendment

#33

It's going to be interesting how it will work with self driving cars. Arguably the police will push for some kind of police only "pull over and stop" feature they can aim at any car which I'm sure will get absued. If you're in a self driving taxi you'd arguably not be the one abliged to pull over, rather the taxi's virutal driver is the one that needs to pull over. In fact with perfect self driving the passenger migh…

> Also scary to me is the ability to use a self driving car as a slow moving cruise missle[sic]. I wouldn't worry about the spread of level 4/5-automation changing the calculus here on a small actor basis. VBIED's are already a serious threat, and require no significant technical innovation, but outside of conflict zones we don't see a ton of them. Assuming we don't require physical failsafes though and truly airgap…

This could easily be done without any automation, only using a FPV system similar to a drone. It's simple enough to do this with only a Comma.ai devkit and some FPV hardware.

Re: Cars and the Fourth Amendment

#34

Earlier quoted context omitted.

The court later issued a clarification basically upholding the logic of their ruling but stating that because the chalking was part of valid [regulatory] activities (below) the chalking is okay[0]. > Rather, we hold, based on the pleading stage of this litigation, that two exceptions to the warrant requirement—the “community caretaking” exception and the motor-vehicle exception—do not apply here. Our holding extends…

I don't think that's the right reading. At least, that's not how I read it. > Alison Taylor, a frequent recipient of parking tickets, sued the City and its parking enforcement officer Tabitha Hoskins, alleging that chalking violated her Fourth Amendment right to be free from unreasonable search. The City moved to dismiss the action. The district court granted the City’s motion, finding that, while chalking may have c…

Yeah, I think I've mixed something up.

I was [lightly] researching this a few weeks back and am pretty sure I found that the net effect of the final ruling was that for the purpose of enforcing regulations [any] city could mark tires, and that because it the outside of the vehicle on public property it was not trespass...

Re: Cars and the Fourth Amendment

#35

It's going to be interesting how it will work with self driving cars. Arguably the police will push for some kind of police only "pull over and stop" feature they can aim at any car which I'm sure will get absued. If you're in a self driving taxi you'd arguably not be the one abliged to pull over, rather the taxi's virutal driver is the one that needs to pull over. In fact with perfect self driving the passenger migh…

Why do they even need to pull it over, their might be no one in the car.

And talk about being abused, cars are already being abused. They kill 40,000 people every single year, and injure or disable 2.5million in the USA alone. Somehow this is acceptable to people.

> Also scary to me is the ability to use a self driving car as a slow moving cruise missle

No different to now.

Re: Cars and the Fourth Amendment

#36
post #12

An old parking enforcement technique is to put a chalk mark on a car's tire: if you come back after two hours and see the same car with the marked tire you know that it has parked too long and can be ticketed. The 6th circuit recently ruled that is an unconstitutional search[1]: a government agent is physically intruding on a private area (your car) and searching it for information (how long it's been there). Neat st…

That puts them in a weird, paradoxical position: 1) Illegal: Placing a mark on your tires that will quickly fade with time and invades your car just enough to reveal whether you adhered to the limits. 2) Legal: Monitor the area with video surveillance and take pictures of every license plate that ever parked there, with timestamps and a photo of the occupants, and store that information for eternity, to be shared wit…

If the logic is that it's illegal to "modify" the car, couldn't they just get away with standing a domino or similar piece of wood behind one of the tires? If the car moves out, it topples the domino.

Re: Cars and the Fourth Amendment

#37
post #12

An old parking enforcement technique is to put a chalk mark on a car's tire: if you come back after two hours and see the same car with the marked tire you know that it has parked too long and can be ticketed. The 6th circuit recently ruled that is an unconstitutional search[1]: a government agent is physically intruding on a private area (your car) and searching it for information (how long it's been there). Neat st…

That puts them in a weird, paradoxical position: 1) Illegal: Placing a mark on your tires that will quickly fade with time and invades your car just enough to reveal whether you adhered to the limits. 2) Legal: Monitor the area with video surveillance and take pictures of every license plate that ever parked there, with timestamps and a photo of the occupants, and store that information for eternity, to be shared wit…

Kinda like the difference between wiretapping laws and recording what people say verses video recordings (which when in HD can have very rough audio encoded inside of the video).

Re: Cars and the Fourth Amendment

#38

Earlier quoted context omitted.

> Also scary to me is the ability to use a self driving car as a slow moving cruise missle. To what, hit a person?

https://en.wikipedia.org/wiki/2016_Nice_truck_attack 86 people were killed, 458 hurt.

Don't see how these two things are related.

Re: Cars and the Fourth Amendment

#39
post #10

Earlier quoted context omitted.

The court later issued a clarification basically upholding the logic of their ruling but stating that because the chalking was part of valid [regulatory] activities (below) the chalking is okay[0]. > Rather, we hold, based on the pleading stage of this litigation, that two exceptions to the warrant requirement—the “community caretaking” exception and the motor-vehicle exception—do not apply here. Our holding extends…

So, am I understanding that right, that they're upholding the chalking-tires technique, but saying it holds up for reasons other than the vehicle and caretaking exceptions? Also: >>Because we chalk this practice up to a regulatory exercise It should not be legal for judges to make puns like that. (Edited to add substantive remark that belonged here as well.)

It was a very technical decision that clarified the parameters of the debate and sent it back to be re-judged. They didn't uphold/knockdown anything. They did say that chalking a tire is a "search" (using bad logic, IMO), but did not rule that it was "unreasonable".

Re: Cars and the Fourth Amendment

#40

An old parking enforcement technique is to put a chalk mark on a car's tire: if you come back after two hours and see the same car with the marked tire you know that it has parked too long and can be ticketed. The 6th circuit recently ruled that is an unconstitutional search[1]: a government agent is physically intruding on a private area (your car) and searching it for information (how long it's been there). Neat st…

For a while I have struggled with how vehicles in the US are treated. A national ID system and the requirement to ID onesself is opposed for many likely valid reasons but a national ID system for cars and the requirement to ID yourself is in some way materially different? As I just recently commented elsewhere: There is a right to travel and a right to engage in interstate commerce. Sure, you can argue there is no ri…

There is no right to operate a printing press on the public roadways.
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