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Homeless have right to reclaim property
San Francisco Chronicle ^ | 9/6/12 | Bob Egelko, Chronicle Staff Writer

Posted on 09/06/2012 6:04:51 PM PDT by SmithL

A city that seizes homeless people's property from a street or sidewalk must preserve it so that the owner has a chance to reclaim it, a federal appeals court ruled Wednesday.

"The government may not take property like a thief in the night; rather, it must announce its intentions and give the property owner a chance to argue against the taking," the Ninth U.S. Circuit Court of Appeals in San Francisco said.

The 2-1 decision, which has statewide implications, upheld a federal judge's order last year that allowed residents of Los Angeles' Skid Row to leave personal possessions on the sidewalk during brief absences to eat or use a restroom. Police could seize the property only if it was hazardous or appeared to have been abandoned, the court said, but must leave notice of where it was taken and give the owner up to 90 days to retrieve it.

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Government; US: California
KEYWORDS: 9thcircus; homelessindustry

1 posted on 09/06/2012 6:04:59 PM PDT by SmithL
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Wardlaw, Kim McLane
Born 1954 in San Francisco, CA

Federal Judicial Service:
Judge, U.S. District Court, Central District of California
Nominated by William J. Clinton on August 10, 1995, to a seat vacated by David V. Kenyon. Confirmed by the Senate on December 22, 1995, and received commission on December 26, 1995. Service terminated on August 3, 1998, due to appointment to another judicial position.

Judge, U.S. Court of Appeals for the Ninth Circuit
Nominated by William J. Clinton on January 27, 1998, to a seat vacated by J. Clifford Wallace. Confirmed by the Senate on July 31, 1998, and received commission on August 3, 1998.

Education:
University of California, Los Angeles, A.B., 1976
University of California, Los Angeles, School of Law, J.D., 1979

Professional Career:
Law clerk, Hon. William P. Gray, U.S. District Court, Central District of California, 1979-1980
Private practice, Los Angeles, California, 1980-1995
Member, Justice Team I, Department of Justice, Presidential Transition, 1992-1993
Member, Mayoral Transition Committee, Los Angeles Mayor-elect Richard Riordan, 1993

2 posted on 09/06/2012 6:05:25 PM PDT by SmithL
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To: SmithL

Does that include the shopping cart?


3 posted on 09/06/2012 6:07:46 PM PDT by doc1019 (Given my choices, I will not be voting this time around.)
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To: SmithL
The government may not take property like a thief in the night

Since when? And this is from the 9th Circus? I gotta lay off the peyote.... I'm having visions of unreal things...

/johnny

4 posted on 09/06/2012 6:09:32 PM PDT by JRandomFreeper (Gone Galt)
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To: SmithL

Homeless property like shooting needles and elastic band?


5 posted on 09/06/2012 6:18:02 PM PDT by sagar
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To: sagar

Prolly talking cardboard boxes and blankets and such. Hey, that was MY box with the Tide logos on it, I want it back.


6 posted on 09/06/2012 6:20:01 PM PDT by HiTech RedNeck (let me ABOs run loose, lew (or is that lou?))
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To: SmithL

It is a good ruling. Private property is protected from unlawful seizure no matter its value or the circumstances of the owner.


7 posted on 09/06/2012 6:24:44 PM PDT by lastchance ("Nisi credideritis, non intelligetis" St. Augustine)
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To: JRandomFreeper
The government may not take property like a thief in the night

Really? So, what about that ole eminent domain thing you assholes seem to like?

8 posted on 09/06/2012 6:28:11 PM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: HiTech RedNeck

I guess those are legitimate properties. I have nothing against homeless, but in this country if you are homeless, there is something very wrong with you. You cannot be an able bodied, able minded individual and become homeless unless you are lazy!


9 posted on 09/06/2012 6:30:35 PM PDT by sagar
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To: sagar
I got quite an education when I worked for the Census in 2010, counting the street people.

One guy had a backpack he wouldn't set down that had a lot of books in it. Sure, he was crazy, but he wasn't strung out on drugs, and was a voracious reader.

It's not all like you think, except for the unwashed body odor.

/johnny

10 posted on 09/06/2012 6:30:41 PM PDT by JRandomFreeper (Gone Galt)
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To: lastchance
Private property is protected from unlawful seizure no matter its value or the circumstances of the owner.

Amen.

/johnny

11 posted on 09/06/2012 6:31:41 PM PDT by JRandomFreeper (Gone Galt)
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To: sagar

Many of these folks are on the edge of craziness.


12 posted on 09/06/2012 6:32:39 PM PDT by HiTech RedNeck (let me ABOs run loose, lew (or is that lou?))
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To: SmithL

Hey, might as well, with laws in the West that allow the elite to take advantage of their encroachments against neighbors and steal parts of their land.


13 posted on 09/06/2012 6:33:16 PM PDT by familyop ("Wanna cigarette? You're never too young to start." --Deacon, "Waterworld")
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To: unixfox

I guess when it’s an actual piece of the state they look at it differently.


14 posted on 09/06/2012 6:33:43 PM PDT by HiTech RedNeck (let me ABOs run loose, lew (or is that lou?))
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To: unixfox
Is it me that you are calling an a-hole (I'm not disputing the charge at this point), or the 9th Circus?

/johnny

15 posted on 09/06/2012 6:35:11 PM PDT by JRandomFreeper (Gone Galt)
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To: doc1019

The shopping cart they stole from Walmart or Kroger...but, gee, they “needed it.”


16 posted on 09/06/2012 6:35:29 PM PDT by citizen (America is at an awkward stage...Too late to work within the system, too early to shoot the bastards)
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To: SmithL

Oh for the good old days when VAGRANCY LAWS were enforced!


17 posted on 09/06/2012 6:41:16 PM PDT by Ruy Dias de Bivar
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To: lastchance

Totally agree! You are right on! Personal property is personal property no matter whose property it’s still personal. We have fought wars for the protection of this right against illegal seizure by a government.


18 posted on 09/06/2012 6:58:05 PM PDT by TaMoDee ( Lassez les bons temps rouler dans les 2012! Allez Pack!)
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To: SmithL

Is this sanitary? Not being ugly, we are all vulnerable sometimes, but lice seems to be an issue in some shelters, so it would stand to reason that someone’s belongings have it possibly?


19 posted on 09/06/2012 6:59:38 PM PDT by autumnraine (America how long will you be so deaf and dumb to the tumbril wheels carrying you to the guillotine?)
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To: lastchance

Yes, I agree with you on principle. But I do hope they seal the belongings in a garbage bag (my flash idea after my last post).


20 posted on 09/06/2012 7:00:38 PM PDT by autumnraine (America how long will you be so deaf and dumb to the tumbril wheels carrying you to the guillotine?)
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To: sagar

Man, you are out of touch. Mental illness is rampant amongst the homeless. When you can’t think straight, who is going to hire you? Or are you reliving the 40’s when they had menial labor jobs away from the public?


21 posted on 09/06/2012 7:03:00 PM PDT by autumnraine (America how long will you be so deaf and dumb to the tumbril wheels carrying you to the guillotine?)
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To: lastchance
It is a good ruling. Private property is protected from unlawful seizure no matter its value or the circumstances of the owner.

Absolutely. Anytime a ruling comes down in FAVOR of private property, its a good thing, no matter who it is.

22 posted on 09/06/2012 7:06:15 PM PDT by Paradox (I want Obama defeated. Period.)
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To: autumnraine

And the mentally challenged having menial labor jobs away from the public was actually MORE COMPASSIONATE than having them living on the street in constant fear.


23 posted on 09/06/2012 7:07:05 PM PDT by hoosierham (Freedom isn't free)
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To: SmithL

Be sure and disinfect it first. Store in an open space where the wind blows.


24 posted on 09/06/2012 7:08:48 PM PDT by pallis
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To: hoosierham

I agree, but a lot of people here would cry and scream about public assistance for them, and still complain that they are homeless.

My point was that not every homeless person is capable. Even the alcoholics are usually self medicating through other mental issues.

It’s a sticky subject, and a sad one.


25 posted on 09/06/2012 7:17:37 PM PDT by autumnraine (America how long will you be so deaf and dumb to the tumbril wheels carrying you to the guillotine?)
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To: lastchance

agree


26 posted on 09/06/2012 8:04:52 PM PDT by maine-iac7 (Christian is as Christian does....)
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To: sagar
I have nothing against homeless, but in this country if you are homeless, there is something very wrong with you. You cannot be an able bodied, able minded individual and become homeless unless you are lazy!

You are DEAD wrong, a fool and a hypocrite.

27 posted on 09/06/2012 8:20:47 PM PDT by Talisker (One who commands, must obey.)
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To: JRandomFreeper

No, no, no! not you! I’m talking about the 9th Circus.


28 posted on 09/06/2012 8:21:23 PM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: HiTech RedNeck
Prolly talking cardboard boxes and blankets and such. Hey, that was MY box with the Tide logos on it, I want it back.

You know, there are a lot of bankers and millionaires who feel the same way about you and your little shack and all the cheap trinkets in it, as well as that ridicuous little pile of petty cash you call your savings account.

29 posted on 09/06/2012 8:23:15 PM PDT by Talisker (One who commands, must obey.)
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To: unixfox
Wouldn't be the first time, and sometimes the label is correct. ;).

Thought I'd ask to clarify.

/johnny

30 posted on 09/06/2012 8:27:18 PM PDT by JRandomFreeper (Gone Galt)
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To: SmithL

OK, it’s their property, but when it’s left on a city sidewalk, and especially if it is disgusting, it should be cleaned up. They ought to take it to an impound yard for storage and charge $50 for collection fee and $20 a day for impound fee. Or can I park my car free on the sidewalk now?


31 posted on 09/06/2012 8:32:19 PM PDT by Defiant (If there are infinite parallel universes, why Lord, am I living in the one with Obama as President?)
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To: Talisker; sagar
Might want to tone down the rhetoric. Personal attacks are frowned on.

I'd prefer to think 'uninformed' or 'fortunate'.

I spent 3 years from 2003 to 2006 homeless.

I had re-enlisted after 9/11, packed up all my stuff into storage after the ex decided she didn't want to be married to a GI, and spent some time on the road with my Uncle.

I had no place to call my own, and everything I carried with me fit in 2 duffle bags.

When I came back, I had to rely on the kindness of friends and relatives to have a couch to sleep on, or slept in the truck, until my old home place became available again.

Homeless happens to people with paychecks (slow as the reserves can be with them).

/johnny

32 posted on 09/06/2012 8:36:59 PM PDT by JRandomFreeper (Gone Galt)
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To: JRandomFreeper; Talisker

Sorry that you were homeless, but you pulled YOURSELF out of homelessness. That is the difference. You were not the permanent homeless underclass, because you realized that all you had to do is to remain in the right direction and you will be out of a bad situation. My point is that in America that is possible to anyone with sound mind and body.

However, the vast majority of homeless people are not like you. Do you deny? They are lazy people who get used to living off daily scraps... and they get free food, so why even bother? Plus, I am sure whatever pan handling/stealing they do, they spend on drugs/gamgling.

My gripe is against the permanent homeless underclass who drag society under them by destroying public areas and devaluing property value, not situational homeless who are on the right track.


33 posted on 09/07/2012 4:46:58 PM PDT by sagar
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To: Talisker

I am curious to know how I am “wrong, a fool and a hypocrite.”


34 posted on 09/07/2012 4:49:07 PM PDT by sagar
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