The Sixth Circuit Court of Appeals’ decision last year which reversed the district court’s granting of summary judgment in favor of the City of Saginaw, MI, regarding its practice of chalking car tires to enforce its parking regulations, the district court, on remand, declared unconstitional this week the City’s practice of suspicion-less chalking as there was no exception to the warrant requirement that applied to the facts of this case.

Specifically, the district court rejected the City’s argument that the following exceptions to the warrant requirement applied: 1) the de minimus exception; 2) the consent exception; 3) the automobile exception, and 4) the community caretaking exception. The district court’s decision (along with last year’s Sixth Circuit opinion) is an excellent overview of the search warrant exceptions and is included in the attached article

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