What are the rights of homeless individuals on public property in California?

Question from Sille Pwad, What are the rights of homeless individuals on public property in California?

Answer from AI:

In California, the rights of homeless individuals on public property are governed by a combination of local ordinances, state laws, and federal court decisions. It’s important to understand that while there are protections in place, these rights can be complex and may vary depending on the specific circumstances.

Right to Property

Under the Fourth Amendment of the U.S. Constitution, all individuals, including those experiencing homelessness, have the right to be secure in their personal property from unreasonable searches and seizures. This means that, in general, your belongings cannot be thrown away without due process.

In the case of Martin v. City of Boise, the Ninth Circuit Court of Appeals ruled that cities cannot criminalize homeless people for sleeping on public property when no alternative shelter is available. However, this does not mean that individuals can set up permanent encampments on public property.

72-Hour Notice

In many jurisdictions in California, local laws require that a 72-hour notice be given before a homeless encampment can be cleared. This is to allow individuals time to move their belongings. If you have received such a notice and moved, but then returned to the same or a different public right of way, you may be asked to move again.

Removal of Belongings

If you are asked to leave and cannot take all your belongings with you in one trip, the local authorities are generally required to store your belongings for a certain period of time. This is based on the Lavan v. City of Los Angeles case, where the court ruled that the city could not immediately destroy unattended property.

However, these are general guidelines and the specific laws and regulations may vary by city and county. It’s also important to note that these rights may not always be respected in practice.

Seeking Legal Advice

If you believe your rights have been violated, you should consult with a legal professional. Legal aid organizations, such as the National Law Center on Homelessness & Poverty or local legal aid societies, may be able to provide assistance.

• Understand your rights and the local laws and regulations
• Keep any notices or documentation you receive
• Contact a legal aid organization if you need assistance

Remember, this information is a general guide and not legal advice. Laws can change and the interpretation can vary by court and location. Always consult with a legal professional for advice on your specific situation.