Re:Court Says Using Chalk on Tires for Parking Enforcement V...
by chungleong on Tuesday April 23, 2019 @08:44PM
(#19734520)
Nonsense. Trespass is deliberate interference with another person's property right. Does a hand print or chalk mark prevent someone from making use of his car? The answer is obviously no.
Re:Court Says Using Chalk on Tires for Parking Enforcement V...
by greenleafjacob on Tuesday April 23, 2019 @10:47PM
(#19735131)
So you can vandalize my car with chalk all you want as long as it doesn’t violate my possessory interest?
Re:Court Says Using Chalk on Tires for Parking Enforcement V...
by chungleong on Wednesday April 24, 2019 @03:52PM
(#19742025)
If you want your car to remain in pristine condition, keep it in your garage. Don't park it in a public space. In a shared space undesirable things happen. Just because you object to something doesn't make it a crime. Guilty mind plus guilty deed make something a crime.
Yes, without permission, dumping on someone's property is a trespass.
> So to would leaving a hand print on someone's car if you happened to touch it.
It is a trespass, yes. Probably not on its own an actionable one (or at least not one worth civil action) because of the lack of harm, but whether a trespass would be actionable or worth action as tort is irrelevant in the case where you are looking at a Fourth Amendment violation where any trespass by givernment for gathering information to be used against a person (as a violation of legal property rights) is, ipso facto, a violation of an expectation of privacy, triggering the requirements associated with a search.