Fourth Amendment Violation For Seizing Homeless Persons’ Shopping Carts.

Nine homeless persons living on Skid Row filed suit against the City of Los Angeles, alleging their constitutional rights were violated when the City seized and destroyed their personal possessions temporarily left on public sidewalks while they attended to necessary tasks. The trial court issued an injunction against the City from performing regular “clean-ups,” and the Ninth Circuit affirmed, stating:  “We conclude that the Fourth and Fourteenth Amendments protect homeless persons from government seizure and summary destruction of their unabandoned, but momentarily unattended, personal property.”

The dissenting judge conceded the homeless persons might very well have a property interest in the items seized, “but whether that interest is one that society would recognize as reasonably worthy of protection where the personal property is left unattended on public sidewalks” is the pivotal question. The dissenting judge quoted signs blanketing the area:  “Please take notice that Los Angeles Municipal Code section 56.11 prohibits leaving any merchandise, baggage or personal property on a public sidewalk. The City of Los Angeles has a regular clean-up of this area scheduled for Monday through Friday between 8:00 and 11:00 am.  Any property left at or near this location at the time of this clean-up is subject to disposal by the City of Los Angeles.”  Lavan v. City of Los Angeles  (Ninth Cir.; September 5, 2012) (Case No. 11-56253) 693 F.3d 1022.