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VERDUN v. CITY OF SAN DIEGO

No. 21-55046.

51 F.4th 1033 (2022)

Andre VERDUN; Ian Anoush Golkar, on behalf of himself and a class of all others similarly situated, Plaintiffs-Appellants, v. CITY OF SAN DIEGO; San Diego Police Department, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 26, 2022.

Attorney(s) appearing for the Case

Daryoosh Khashayar (argued), Khashayar Law Group, San Diego, California; Ramin R. Hariri , Hariri Law Group, San Diego, California; for Plaintiffs-Appellants.

Meghan A. Wharton (argued), Deputy City Attorney; George F. Schaefer , Assistant City Attorney; Mara W. Elliott , City Attorney; Office of the City Attorney, San Diego, California; for Defendants-Appellees.

Dissent by Judge Bumatay.

OPINION

We are asked to decide whether the longstanding practice of chalking tires for parking enforcement purposes violates the Fourth Amendment. It does not. Even assuming the temporary dusting of chalk on a tire constitutes a Fourth Amendment "search," it falls within the administrative search exception to the...

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