Bloomberg Law
Aug. 25, 2021, 9:01 PM

Chalking Tires to Enforce Parking Law Constitutes Illegal Search

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

A Michigan city’s practice of chalking tires is an illegal search under the Fourth Amendment that isn’t justified by the administrative-search exception to the warrant requirement, the Sixth Circuit said Wednesday.

Unless some other exception applies, Alison P. Taylor may take Saginaw, Mich., to trial on her claim that it violated her constitutional rights by marking her car’s tire several times while it was parked in a downtown area, the U.S. Court of Appeals for the Sixth Circuit said.

In a prior opinion in the same case, the Sixth Circuit held that chalking is a search for purposes of the ...

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