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Property rights and the homeless

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Daniel1595

Junior Member
What is the name of your state (only U.S. law)? Idaho.

Are the homeless. Living in homeless shelters. Accorded the same property rights protection under the U.S Constitution as people who live and maintain their own home?What is the name of your state (only U.S. law)?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Idaho.

Are the homeless. Living in homeless shelters. Accorded the same property rights protection under the U.S Constitution as people who live and maintain their own home?What is the name of your state (only U.S. law)?

So is the governement threatening to take your property without a valid warrant or is the US Army trying to force you to give up your bed?
 

Daniel1595

Junior Member
The issue in question is. Can those in authority in such facilities order residents to surrender their personal property.To be locked up in a storage building where the potential for damage or even loss may exist at risk of being forced to leave such a facility for noncompliance. Such as preferring to keep ones laptop close by to insure that no such danger of damage or loss are likely?
 

justalayman

Senior Member
yes they can. The facility does take a position of some liability (loss or damage of the property due to negligence) in doing so but yes, then can enforce such rules.
 

Antigone*

Senior Member
The issue in question is. Can those in authority in such facilities order residents to surrender their personal property.To be locked up in a storage building where the potential for damage or even loss may exist at risk of being forced to leave such a facility for noncompliance. Such as preferring to keep ones laptop close by to insure that no such danger of damage or loss are likely?

The answer is yes.:cool: If you do not want to comply then find somewhere else to stay.
 

Some Random Guy

Senior Member
The issue in question is. Can those in authority in such facilities order residents to surrender their personal property.To be locked up in a storage building where the potential for damage or even loss may exist at risk of being forced to leave such a facility for noncompliance.

First, understand that this is not the government taking your property. It is a private organization. As such, the provisions in the bill of rights against seizing your property by the government do not apply.

This is closer to a contract dispute. The people who run the shelter are providing living space in exchange for following the rules of the facility. And one of the rules is to have your belongings locked up in storage. If you don't want to abide by those rules, you can stay elsewhere.

There are many reasons for such a policy, including an intent to reduce theft, prevent disputes among guests and reduce the presence of illegal substances.
 

Daniel1595

Junior Member
This policy just came into affect as the result of**************************** Bed bugs. They claim that the move to have personal property placed in storage is to reduce spread of them. Can't imagine my laptop as a home for bed bugs. But, they had better be Microsoft certified if they're going to be in there. lol.
 

justalayman

Senior Member
seems like the chance of spreading bed bugs would be worse if you intentionally piled everybody's stuff together.

I would think the rule about laptops would be to improve security or so you do not use it in the middle of the night and disturb others or watch porn an expose others to that. (not judging, just giving a reason)
 

Daniel1595

Junior Member
Truth is. They actually implied that my laptop may be a source of bed bug infestation (even though I have yet to be bitten by one). I stay in a small room away from the main population. Which affords me some privacy to use my laptop at night without disturbing anyone else's sleep. I also help in cleaning the facility three days a week. So, I can continue staying in that room.
 

justalayman

Senior Member
since bedbugs are given the name for a reason, it should tend to suggest that bedbugs are not going to inhabit some machine that offers them no source of nutrition. The bugs live in beds because people sleep in the beds and are a ready source of nutrition.

I would suggest researching how to treat bedbug infestations and consider treating your laptop.

get a big zip loc baggie and seal the laptop. If there are any bedbugs in the computer, it would make sense they would come out from time to time looking for dinner. Surely there would be some evidence of them somewhere along the line.



Personally, I still think there is some other reason for the sequestering of the laptop.

but the bottom line: they can make and enforce rules. If you do not want to live under their rules, you are free to find housing accommodations elsewhere.
 

CdwJava

Senior Member
The 4th Amendment always applies, but it can be limited to some degree.

You do not have a Constitutional right to stay at a homeless shelter. You are free to follow their rules and stay, or decline to accept their rules and go elsewhere. It is that simple. And since most homeless shelters are run by private concerns, the 4th Amendment generally will not apply, anyway.

So, if they do not want you to have your laptop - even if the reason seems stupid - you can take your laptop and leave, or, you can stay and follow their rules.
 

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