密歇根新闻广播 用粉笔在轮胎上做印记遭禁止

Tire chalking by police is now banned in Michigan, a decision the 6th U.S. Circuit Court of Appeals made Monday. A lawyer, whose client has $180 in separately issued fines, argued that this practice violates the Fourth Amendment's protection against unreasonable² searches.

Tire chalking is a common practice by officers in order to keep track of cars that stay in parking past their designated hours. Ann Arbor³ is one of the cities that regularly marks cars on unmetered streets. The fine for an expired meter parking ticket is $15 if paid by the end of the next day. It increases the later the payment is. According to the city's annual fiscal⁴ report, there have been over 102,981 parking violations⁵ last year.

Ann Arbor Police Department Sergeant⁶ William Clock said the department will stop chalking tires. Going forward, he said, they are investigating ideas on how to amend¹ their procedure but so far have no replacement⁷ solution. Clock said that he was not ready to share these ideas with the public just yet.

The case surrounded plaintiff Alicia Taylor and defendant⁸ and officer Tabitha Hopkins in Saginaw. Taylor alleged⁹ that Hopkins chalked Taylor's tires 75 separate times for fines.

Taylor lost her case against Hopkins and the city of Saginaw at the district court level. However, the 6th Circuit overruled the earlier decision. In a decision, they wrote that chalking was defined as a type of search because it is conjoined with...an attempt to find something or to obtain information and overdue¹⁰ parking is not sufficient enough excuse to be exempt¹¹ from the warrant requirement.

To the contrary, at the time of the search, Taylor's vehicle was lawfully¹² parked in a proper parking location, imposing¹³ no safety risk whatsoever¹⁴, the document reads. Because the purpose of chalking is to raise revenue, and not mitigate¹⁵ public hazard, the City was not acting¹⁶ in its role as [a] community caretake[r].

The decision also impacts Ohio, Kentucky, and Tennessee.

The case is heading back to court in Bay City, Michigan. The lawyer, Philip Ellison, hopes to see refunds¹⁷ for people who got tickets. Ellison claims that Saginaw has been collecting up to $200,000 a year with parking tickets.

"We don't think everyone deserves free parking," Ellison said to The Associated Press. "But the process Saginaw selected is unconstitutional. ... I'm very glad the three judges who got this case took it seriously. It affects so many people."

Listen above to hear Stateside's conversation with Philip Ellison.

1 amend   

vt.修改，修订，改进；n.[pl.]赔罪，赔偿

参考例句：

• The teacher advised him to amend his way of living.老师劝他改变生活方式。
• You must amend your pronunciation.你必须改正你的发音。

2 unreasonable   

adj.不讲道理的，不合情理的，过度的

参考例句：

• I know that they made the most unreasonable demands on you.我知道他们对你提出了最不合理的要求。
• They spend an unreasonable amount of money on clothes.他们花在衣服上的钱太多了。

3 arbor   

n.凉亭；树木

参考例句：

• They sat in the arbor and chatted over tea.他们坐在凉亭里，边喝茶边聊天。
• You may have heard of Arbor Day at school.你可能在学校里听过植树节。

4 fiscal   

adj.财政的，会计的，国库的，国库岁入的

参考例句：

• The increase of taxation is an important fiscal policy.增税是一项重要的财政政策。
• The government has two basic strategies of fiscal policy available.政府有两个可行的财政政策基本战略。

5 violations   

违反( violation的名词复数 )； 冒犯； 违反（行为、事例）； 强奸

参考例句：

• This is one of the commonest traffic violations. 这是常见的违反交通规则之例。
• These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。

6 sergeant   

n.警官，中士

参考例句：

• His elder brother is a sergeant.他哥哥是个警官。
• How many stripes are there on the sleeve of a sergeant?陆军中士的袖子上有多少条纹？

7 replacement   

n.取代，替换，交换；替代品，代用品

参考例句：

• We are hard put to find a replacement for our assistant.我们很难找到一个人来代替我们的助手。
• They put all the students through the replacement examination.他们让所有的学生参加分班考试。

8 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

9 alleged   

a.被指控的，嫌疑的

参考例句：

• It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
• alleged irregularities in the election campaign 被指称竞选运动中的不正当行为

10 overdue   

adj.过期的，到期未付的；早该有的，迟到的

参考例句：

• The plane is overdue and has been delayed by the bad weather.飞机晚点了，被坏天气耽搁了。
• The landlady is angry because the rent is overdue.女房东生气了，因为房租过期未付。

11 exempt   

adj.免除的；v.使免除；n.免税者，被免除义务者

参考例句：

• These goods are exempt from customs duties.这些货物免征关税。
• He is exempt from punishment about this thing.关于此事对他已免于处分。

12 lawfully   

adv.守法地，合法地；合理地

参考例句：

• Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。 来自口语例句
• As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫，无论疾病灾难，直到死亡把我们分开。 来自电影对白

13 imposing   

adj.使人难忘的，壮丽的，堂皇的，雄伟的

参考例句：

• The fortress is an imposing building.这座城堡是一座宏伟的建筑。
• He has lost his imposing appearance.他已失去堂堂仪表。

14 whatsoever   

adv.（用于否定句中以加强语气）任何；pron.无论什么

参考例句：

• There's no reason whatsoever to turn down this suggestion.没有任何理由拒绝这个建议。
• All things whatsoever ye would that men should do to you,do ye even so to them.你想别人对你怎样，你就怎样对人。

15 mitigate   

vt.（使）减轻，（使）缓和

参考例句：

• The government is trying to mitigate the effects of inflation.政府正试图缓和通货膨胀的影响。
• Governments should endeavour to mitigate distress.政府应努力缓解贫困问题。

16 acting   

n.演戏，行为，假装；adj.代理的，临时的，演出用的

参考例句：

• Ignore her,she's just acting.别理她，她只是假装的。
• During the seventies,her acting career was in eclipse.在七十年代，她的表演生涯黯然失色。

17 refunds   

n.归还，偿还额，退款( refund的名词复数 )v.归还，退还( refund的第三人称单数 )

参考例句：

• Tomorrow he would return them to the store and claim refunds. 明天他要把它们退还给商店并要求退款。 来自辞典例句
• The new method means that taxpayers get refunds much faster. 这种新办法意味着纳税人可以较快地领到退还款。 来自辞典例句