Expert: Jack Toomey - 7/31/2009

Question
I operate a US Forest Service facility & campground as a private concessionaire. within our operating permit, we charge a day-use fee for the facility. The $5 fee is very well posted, but we are getting alot of people not paying. In this economy, this is certainly cutting into our income. I do not have the authority to issue a ticket, and our "nice" notices/reminders we place on the car are being avoided. We have purchased a restrictive device to place on the tire of the vehicle (boot). It will not allow the vehicle to be moved, until they pay the $5 day-fee, plus the service charge for the install/take-off of the boot. My Forest Service representative supports our efforts at gaining compliance, however, the USFS Law Enforcement Officer that patrols the area, has stated this is a 4th amendment violation, and does not authorize me to use such measures. in fact, if I get sued under the 4th Amendment provision, The USFS LEO will side with the $5 thief. My question.......does this make any sense? Is the LEO correct? Can I place the boot on vehicles who do not pay? Just because there's no legal precedent (yet), it doesn't mean it's illegal. Please advise....ASAP....Thanks  

Answer
Glenn,

I am not going to tell you that you can place a boot on a vehicle.  That would be irresponsible of me because I don't know anything about the U.S. Forestry service or any of the laws in which they operate.  I am also not going to tell you that the USFS officer is correct.  If I did either and you took action you could come back at me and get me involved in a lawsuit.

This is what I can tell you.  The officer is most likely basing his opinion on the fact that the Fourth Amendment deals with search and seizure and by booting a car that would amount to a seizure.  It sounds like he is saying that you are not entitled to make a seizure because of your position.

I'm sorry that I can't go into it more but this is new ground for me.