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constitutionalUnited States · Michigan (Statewide)Difficulty: Medium

Tire Chalking Fourth Amendment Defense

The 6th Circuit Court of Appeals ruled in Taylor v. City of Saginaw that tire chalking constitutes an unconstitutional search under the Fourth Amendment. Any ticket issued based on tire chalking evidence may be dismissed.

Legal basis

4th Amendment; Taylor v. City of Saginaw, 6th Circuit Court of Appeals

Sample appeal wording

I am contesting Citation #[TICKET#] for overtime parking issued on [DATE] at [LOCATION]. This citation was issued based on tire chalking, which the 6th Circuit Court of Appeals ruled unconstitutional in Taylor v. City of Saginaw. The Court held that chalking tires constitutes a 'search' under the Fourth Amendment and is not justified by any warrant exception. As the evidence supporting this citation was obtained through unconstitutional means, I request dismissal.

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Taylor v. City of Saginaw
  • 6th Circuit Court of Appeals
  • Fourth Amendment

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