In Taylor v. City of Saginaw (No. 17-2126, amended opinion issued April 25, 2019), the United States Court of Appeals for the Sixth Circuit examined a parking enforcement practice that had gone unchallenged for decades. Between 2014 and 2017, a Saginaw, Michigan parking officer chalked the same driver's tires on fifteen separate occasions and issued a citation each time. She sued the city, arguing that marking her tires without her consent or a warrant was an unreasonable search.
The court held that chalking is a search. Applying the property-based trespass analysis the Supreme Court revived in United States v. Jones — the GPS tracker case — it reasoned that the city had made intentional physical contact with the plaintiff's vehicle in order to obtain information, and that the intrusion counted regardless of how slight it was or whether any damage was done. It went on to reject both exceptions the city offered: the automobile exception, because there was no probable cause, and the community caretaker exception, because the car was lawfully parked and posed no safety risk.
The Sixth Circuit binds Michigan, Ohio, Kentucky and Tennessee, and the decision turned on the particular record before the court. But the reasoning travelled. Operators well outside those four states read it, looked at their own practice of making physical contact with hundreds of private vehicles a day to gather evidence, and began asking what the electronic alternative looked like. Saginaw itself stopped physically chalking in 2019.
Where Digital Chalking Sits
The threshold the court applied was intentional physical contact with the vehicle in order to obtain information. Digital chalking involves none of that — no mark, no touch, nothing applied and nothing removed. The record is a timestamped observation of a vehicle in a public place.
That is a real difference, and it is why the category exists. It is not legal advice, and we are not lawyers. Rules vary by jurisdiction and change; your own counsel is the right place to take a question about what your operation may and may not do.