It is unconstitutional for law enforcement personnel to put chalk-marks on tires for parking enforcement reasons.

That, from a federal appeals court on the mainland.

Honolulu criminal defense attorney David Hayakawa says the court found that chalk-marking tires on legally parked cars is an intrusion — that it is investigative in nature without any reasonable purpose — and no crime has occurred to justify either of the first points.

“So we have a search, it is not reasonable — and it doesn’t fall into an exception of the warrant requirement — and finally the government said ‘Well this is no big deal, we’ve been doing it forever,’ and that was rejected.”

In Honolulu, parking enforcement personnel work for the Honolulu Police Department — so we requested a comment.

In a statement, spokeswoman Michelle Yu said “the Department is aware of the ruling and has no plans to change its current procedures.”

Hayakawa says parking enforcement rules between street parking and private parking lots, are very different.

“If you’re in a private lot, you give up a lot of rights. And I’m sure all they have to do is put up a sign ‘by entering this lot we have a right to mark your tire,’ and so it goes.”

In some lots, posted signs show time-limits — and workers often chalk tires to monitor how long vehicles have been parked.

“Ala Moana maybe, with its 3,000 spots, I mean, do they have a right to regulate their parking and private environment? Sure.”

The law is different when it comes to abandoned vehicles.

The City Department of Customer Services often chalks tires of suspected abandoned vehicles — and does so in response to citizen complaints — so the constitutional issue does not apply.

The department says the court decision is not binding on the City and County of Honolulu — which is part of a different judicial circuit — so city officials can continue their current practices.

Leong adds, though, that the Customer Services Department is exploring technology to replace tire-chalking.

Hayakawa would not be surprised if a similar case is pursued locally.

“I am very confident that members of our Criminal Defense Bar will raise this issue. It’s all over the news, its probably something nobody ever thought of until now, it’s in our faces and all, so I’m sure it will be raised by individuals who are motivated enough to fight parking tickets.”