Sixth Circuit says chalking tires is an unreasonable warrantless search
- Ron Stutes
- May 21, 2019
- 1 min read
The Sixth Circuit Court of Appeals, in Chicago, found last month that the chalking of tires to enforce parking time restrictions constituted a warrantless search, which was unreasonable, thus throwing out fifteen parking tickets. In Taylor v. City of Saginaw, Cause No. 17-2126, Judge Bernice Donald found that the restrictions on a search were equivalent to a trespass to chattel. The case turned on the facts of United States v. Jones, 565 U.S. 400 (2012), which found that the government's attachment of a GPS device to a car to track the car's movements constituted a search under the Fourth Amendment.
This analysis seems to me to be overbroad, and I expect that it will not remain the law. But in the Sixth Circuit, for now, chalking a car's tires is verboten.
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