In a welcome 2-to-1 ruling
last week, a panel of the United States Court of Appeals for the Ninth
Circuit upheld that order, rejecting the contention that “the unattended
property of homeless persons is uniquely beyond the reach of the
Constitution.”
The court found that the Fourth Amendment’s protection of possessions
and the 14th Amendment’s due-process guarantee prohibited this kind of
confiscation of personal property by government, regardless of the
homelessness of the owner.
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