Drop the chalk? Marking tires found unconstitutional in 4 states

With the chalking of tires to enforce parking rules being found unconstitutional in four states, what does this mean for police departments in La Salle County?

Marseilles Police Chief Brian Faber said officers currently use chalk on tires when officers are called out, but said that can be changed if the decision grows to include Illinois.

“I assume we’ll take pictures of where the vehicle is with the time and everything,” Faber said. “I imagine we’ll drop the chalk and pick up photos.”

The process of chalking a tire was ruled unconstitutional in Michigan, Ohio, Kentucky and Tennessee by a federal court, according to an Associated Press report.

Alison Taylor sued the city of Saginaw, Mich. after she received more than a dozen $15 parking tickets with her lawyer arguing a parking patrol officer violated the Fourth Amendment right against unreasonable searches. Police officers marked her tires with chalk to determine she had violated the two-hour parking limit.

Three judges hearing an appeal in the case unanimously found the process to be unconstitutional in the four states in the 6th U.S. Circuit Court of Appeals.

“The city does not demonstrate, in law or logic, that the need to deter drivers from exceeding the time permitted for parking — before they have even done so — is sufficient to justify a warrantless search under the community caretaker rationale,” the court said.

Faber said the city of Marseilles doesn’t have the same amount of traffic and volume of vehicles passing through nearby cities such as Ottawa have and as such the police are less likely to be chalking tires “all of the time,” but noted they often do so when complaints have been made regarding spots where a clearly posted time allotment is violated.

He added he had never considered the process of chalking a tire could be considered a form of “searching” a vehicle.

Ottawa Police Chief Brent Roalson agreed and said it “stretches” the definition of searching a vehicle and questioned the difference between chalking a tire and placing a tow sticker on a vehicle as well as vehicles being parked on public roads where a right to privacy is not expected.

Regardless, Ottawa police have not chalked tires in some time and today use both photos and GPS technology to determine how long a vehicle has been parked on city streets.

The city of Ottawa has parking ordinances that cover an entire block, meaning a vehicle’s relocation would need to be more than moving a parking space over to avoid a fine.

The city is ahead of the curve when it comes to their process, but Roalson noted many departments without that luxury may require taking more funds from taxpayers in order to afford the technology to replace their chalk.

Streator Police Chief Kurt Pastirik declined to share his personal thoughts on the ruling but said Streator also has not used chalk in many years.

The Associated Press report states the case will return to federal court in Bay City, Mich. where it may be certified as a class action lawsuit. They report the city has collected up to $200,000 in parking tickets from tire marking.

It remains to be seen whether the practice will be found unconstitutional elsewhere, but local police departments say support whatever ruling the courts decide for their work.