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It really feels like a stretch if you ask me. But since the car is private property, even though it's on a public road, the mark itself is an "action" taken by the police against your property despite not having committed any crime. I'm wondering how many other weird interpretations of this new ruling one could come up with where it would apply to a bunch of other things.


I wonder if they only marked the road, and not the vehicle, if that would be sufficient.


Would a police officer looking at tire tread depth also be considered an illegal search?


Not if they had reason to believe that your tires were worn out. The problem is that your tire is being marked when there is no evidence that you will overstay your parking. Everyone is marked indiscriminately. At least, thats how I understood the description.


Anything in public and in plain sight is considered not a search wrt the 4th. Otherwise, cops could never be eyewitnesses in court.




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