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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
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1
posted on
09/06/2012 6:04:59 PM PDT
by
SmithL
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
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.)
To: SmithL
The government may not take property like a thief in the nightSince when? And this is from the 9th Circus? I gotta lay off the peyote.... I'm having visions of unreal things...
/johnny
To: SmithL
Homeless property like shooting needles and elastic band?
5
posted on
09/06/2012 6:18:02 PM PDT
by
sagar
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?))
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)
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!)
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
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
To: lastchance
Private property is protected from unlawful seizure no matter its value or the circumstances of the owner.Amen.
/johnny
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?))
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")
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?))
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
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)
To: SmithL
Oh for the good old days when VAGRANCY LAWS were enforced!
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!)
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?)
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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