Without comment, the U.S. Supreme Court
left stand a 9th Circuit Court ruling that confiscation of
unattended belongings by the City of Los Angeles constituted a
violation of the 4th Amendment prohibition on Illegal
Search and Seizure. The story is published in the Los Angeles Times.
The case, City of Los Angeles v. Lavan,No 12-1073, concerned eight homeless people who brought suit against Los Angeles when the city took what they had left unattended and destroyed it. As Livermore is in the jurisdiction of the 9th Circuit Court, this ruling directly applies to us.
But people, if you believe you are suddenly protected from losing all your stuff, you have another thing coming. Two things this ruling does not cover. The first is, it does not cover private property and Private Property Owners. If you are trespassing on private property and you leave your things unattended, the property owner may do as he pleases with your possessions.
Last year, a homeless encampment was evicted from under an I580 bridge. It was located directly north of the Livermore Audi dealership. The homeless there were given three days to collect their things and leave. Some of them, and you know who you are, procrastinated. And procrastinated, and continued to procrastinate till finally authorities carted away the squalor and cleaned up the area.
Oh, the humanity! To listen to those who lost their things, you'd think the world was coming to an end... The story was even told by the SanJose Mercury News...
This ruling does not affect that action at all. Everyone there was given fair warning and enough time to pack away and move the contents of a 5,000 square foot home (I know, because I've done this in less than three days!)
The Livermore City Attorney has likely looked at this by now, and should feel secure that nothing the City has done, either through the Livermore Police Dept or other city agencies, is affected by this ruling.
Sorry Mr. French...
The case, City of Los Angeles v. Lavan,No 12-1073, concerned eight homeless people who brought suit against Los Angeles when the city took what they had left unattended and destroyed it. As Livermore is in the jurisdiction of the 9th Circuit Court, this ruling directly applies to us.
But people, if you believe you are suddenly protected from losing all your stuff, you have another thing coming. Two things this ruling does not cover. The first is, it does not cover private property and Private Property Owners. If you are trespassing on private property and you leave your things unattended, the property owner may do as he pleases with your possessions.
Last year, a homeless encampment was evicted from under an I580 bridge. It was located directly north of the Livermore Audi dealership. The homeless there were given three days to collect their things and leave. Some of them, and you know who you are, procrastinated. And procrastinated, and continued to procrastinate till finally authorities carted away the squalor and cleaned up the area.
Oh, the humanity! To listen to those who lost their things, you'd think the world was coming to an end... The story was even told by the SanJose Mercury News...
This ruling does not affect that action at all. Everyone there was given fair warning and enough time to pack away and move the contents of a 5,000 square foot home (I know, because I've done this in less than three days!)
The Livermore City Attorney has likely looked at this by now, and should feel secure that nothing the City has done, either through the Livermore Police Dept or other city agencies, is affected by this ruling.
Sorry Mr. French...
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