3 ms·

I have issue with the trespass part as well. If marking chalk on a car is trespassing then wouldn't throwing a newspaper in someone's driveway also be trespassi

I have issue with the trespass part as well. If marking chalk on a car is trespassing then wouldn't throwing a newspaper in someone's driveway also be trespassing? So to would leaving a hand print on someone's car if you happened to touch it. They aren't illegally entering the car, they're putting chalk on the outside of it.

dragonwriter 8y ago
> If marking chalk on a car is trespassing then wouldn't throwing a newspaper in someone's driveway also be trespassing? 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.
- chungleong 8y ago
  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.
  - greenleafjacob 8y ago
    So you can vandalize my car with chalk all you want as long as it doesn’t violate my possessory interest?
    - cptskippy 8y ago
      Isn't vandalism different from trespass?
      - _archon_ 8y ago
        Vandalism is a form of trespass.
    - chungleong 8y ago
      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.

dragonwriter 8y ago

> If marking chalk on a car is trespassing then wouldn't throwing a newspaper in someone's driveway also be trespassing? 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.

chungleong 8y ago
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.
- greenleafjacob 8y ago
  So you can vandalize my car with chalk all you want as long as it doesn’t violate my possessory interest?
  - cptskippy 8y ago
    Isn't vandalism different from trespass?
    - _archon_ 8y ago
      Vandalism is a form of trespass.
  - chungleong 8y ago
    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.