A federal appeals court panel fractured Wednesday in a ruling that creates a circuit split on the constitutionality of tire chalking, with the majority at one point accusing the dissent of having an “unsupported and revisionist” view of the Fourth Amendment.

Judge Daniel A. Bress, of the U.S. Court of Appeals for the Ninth Circuit, and U.S. District Judge Robert Lasnik, sitting by designation, held that the city of San Diego is not required to obtain warrants before chalking tires to monitor how long cars stay in the same parking spot. Two individuals who received citations after their vehicles were chalked filed the lawsuit alleging the enforcement method violates the Fourth Amendment.

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