You Can Fight City Hall: Sixth Circuit Court of Appeals Rules Chalking Tires A Violation of the Fourth Amendment

In the first of its kind decision, the United States Court of Appeals for the Sixth Circuit issued a unanimous opinion declaring that chalking tires, a common practice in areas without parking meters to track how long a car has been parked in a particular spot, is a violation of the Fourth Amendment. After receiving fifteen tickets in a span of two years, the original action was filed by the ticketed plaintiff against the City of Saginaw, Michigan and a city parking attendant.

In its decision, the Court maintained that chalking constitutes a form of trespass in an attempt to gather incriminating information, i.e., how long a car has been parked in a particular space, and, if done without a warrant, is a violation of the Fourth Amendment.

Related Resources

Taylor v. Saginaw, No. 17-2126 (6th Cir. 2019)

Federal appeals court says tire-chalking by parking enforcement officers is unconstitutional, The Washington Post, April 23, 2018.

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