9th U.S. Circuit Court of Appeals
Oct. 27, 2022
Tire marking not illegal search, 2-1 circuit panel rules
“No matter how well meaning, modest, or long-standing the intrusion into personal effects, the Fourth Amendment commands that all government searches, with some narrow exceptions, be supported by a warrant and individualized suspicion of wrongdoing,” Circuit Judge Patrick J. Bumatay wrote in a dissent.
Tire chalking by parking enforcement is constitutional and does not require a search warrant, a 9th U.S. Circuit Court of Appeals panel ruled 2-1 on Wednesday, with a dissent saying officers need to suspect lawbreaking before marking someone’s property.
Circuit Judge Daniel A. Bress’ opinion found that the San Diego Police Department did not violate the Fourth Amendment by marking people’s tires, before they have violated the law, to deter...
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