Verdun, et. al. v. City of San Diego

The administrative search exception may be reasonable where the primary purpose of a search is distinguishable from the general interest of crime control.

Plaintiffs claimed tire chalking is a violation of the Fourth Amendment because it is a “search.” The administrative search exception may be reasonable where the primary purpose of a search is distinguishable from the general interest of crime control. The administrative search exception has only been applicable in particular contexts and factual scenarios. Administrative searches are not an exception to the Fourth Amendment’s requirement for reasonableness. Wheel chalking is analogous to a DUI checkpoint because it is a broad search not on the basis of individual suspicion. The purpose is not general crime control because it is being done to manage traffic and use of parking spaces. Tire chalking is reasonable because traffic control is a compelling administrative objective. Chalking is appropriately tailored, it does not have any apparent spillover effects or damage to property. If a traffic checkpoint minimally interferes with liberty, then tire chalking is de minimis. AFFIRMED.