Apr 24, 2019

The Sixth Circuit Considers Common Parking-Enforcement Practice

A federal court of appeals (the Sixth Circuit) recently considered a very common parking-enforcement practice: chalking vehicle tires to determine how long the vehicle has been parked. The appeals court held that a city’s chalking of tires is a “search” within the meaning of the Fourth Amendment, and is unconstitutional without a warrant absent some applicable exception to the warrant requirement. The case is Taylor v. City of Saginaw, — F.3d —, 2019 WL 1757953 (6th Cir. Apr. 22, 2019). The City of Saginaw has an opportunity to request rehearing by the full Court of Appeals, or to apply to the Supreme Court for further review.