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Can Homeless People Own Anything?

Can Homeless People Own Anything?

If you don’t have a home, the city of Los Angeles feels you have no right to have anything else either. Thankfully, federal judges disagree.

Eight homeless people left their property temporarily to use restrooms, fill water jugs or appear in court, the Los Angeles Times reports. They returned to their stuff — but there was no stuff. Among the things the city confiscated and destroyed were IDs, birth certificates, family memorabilia, medications, cellphones and toiletries. The people sued.

L.A. took the case all the way to the Supreme Court. It argued that it had to remove the items from sidewalks because it was cited by the county Department of Public Health for health code violations. (Los Angeles pretty much asked for the citations when it requested a county inspection.)

To be fair, the violations were gross: an “accumulation of human waste, needles, condoms and a rat infestation.” The city said waste and rotting food were found around and under homeless people’s things, and without removing them, it couldn’t clean the sidewalks thoroughly.

A federal district court issued an injunction against the city — a court order against taking people’s stuff. L.A. appealed to the Ninth Circuit Court of Appeals. Turns out that was a bad move.

The Court of Appeals decided that “the Fourth and Fourteenth Amendments protect homeless persons from government seizure and summary destruction of their unabandoned, but momentarily unattended, personal property.”

The Fourth Amendment guarantees people’s right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” In other words, the government can’t take your stuff “unreasonably.”

The Fourteenth Amendment, aka the equal protection clause, forbids public officials from treating certain people — like those without housing — differently from others. Stealing personal property is not something cities typically do to people who keep their things in their homes, but they treat homeless people differently, and that is a no-no.

The Supreme Court refused Los Angeles’s request to consider the case, leaving it bound by the lower courts’ rulings. The upshot: L.A. can’t take property from Skid Row without good reason to believe one of the following:

1. the property is abandoned;

2. it urgently threatens public health or safety;

3. it is evidence of a crime; or

4. it is contraband.

If the city passes that test and seizes possessions, it can’t destroy them unless they qualify for #2. If the items fall into #1, 3 or 4, the city has to keep them secure for at least 90 days to give the owner time to get them back.

Los Angeles isn’t the only place making off with homeless people’s things. The L.A. Times reports that there are currently 30 lawsuits against Fresno, CA for “cleaning up” homeless encampments. Hawaii is in trouble too.

Without a home to leave their property in, homeless people don’t have a lot of choices other than keeping it on the sidewalk. But they are just as entitled to protection from government search and seizure as everyone else. It would be nice if the Supreme Court would make that clear for the whole country, and even better if local governments would figure it out on their own.


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Photo credit: iStockphoto/Thinkstock

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11:01PM PDT on Sep 28, 2013

i live in fresno and not enough is being done to help the homeless

10:26PM PDT on Jul 9, 2013

Glad that the courts made the right decision and ruled in favor of the homeless. So often they are marginalized and overlooked because of their current circumstances. What is that saying "But by the grace of God go I." It was just petty and mean and as previously mentioned - like kicking someone when they are already down.

2:31PM PDT on Jul 8, 2013

what b*llsh*t Despicable behavior the same as kicking someone while down. These people having nothing and you take their vital documents SO SO wrong
Pray the worm doesn't turn and you find yourself in this position

12:02PM PDT on Jul 8, 2013

I'm grateful for the 4th and 14th amendments....All people need to be treated with dignity.

9:35AM PDT on Jul 8, 2013

In the richest country on earth! What a disgrace.

9:14AM PDT on Jul 8, 2013

The cops should know better. They are people too, requardless of what the law says.If they can't figure out that if you need to clean up an area, just move the stuff out of the way temporarily, clean it up, then put the homeless persons stuff back.Easy, no law suits, no loss of property, no making a bad situation worse by stealing indentification and survival items.

2:37AM PDT on Jul 8, 2013

Very sad...

5:50PM PDT on Jul 7, 2013

Interesting I am glad the courts made the right decision. as for homeless and cell phones how do you expect a homelelss person to get a job and then a home? cell phones are cheap housing isn't and if they are on some forms af assistance they are given Phones.

4:52PM PDT on Jul 7, 2013


3:22PM PDT on Jul 7, 2013

These people have already lost everything, and to take away their last few meagre possessions is not only lacking in compassion, but seems heartless and petty.
None of us know how our own lives will turn out, and we cannot guarantee that with a few twists and turns it will not be us sitting on a city street homeless. And if I do, I know that I would hope that someone will show me some compassion instead of judgement.
Our true Character is shown when we have the opportunity to put ourselves in other's shoes.

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