On July 21, 2023, the California Court of Appeal for the First District, in Coalition on Homelessness v. City and County of San Francisco, 93 Cal.App.5th 928 (2023), held that San Francisco cannot tow safely and lawfully parked vehicles, without a warrant, solely because of unpaid parking tickets.
Chalking It Up to Nothing: The Ninth Circuit Upholds San Diego’s Chalking Practice Under the Special Needs Exception to the Warrant Requirement
Municipalities in California that rely on the practice of chalking tires to enforce parking restrictions can take solace in a recent Ninth Circuit decision that affirms the constitutionality of the practice and parts ways with Sixth Circuit precedent that had previously raised constitutional questions about
Ninth Circuit Decision Suggests Chalking Is a Search, Leaves Municipalities a Path to Defend the Practice
A recent Ninth Circuit Decision suggests that chalking is a search under the Fourth Amendment but leaves municipalities a path to defend the practice under the administrative search exception.