JANUARY 2025

 

KNOW YOUR RIGHTS

Mayor Daniel Lurie and Governor Gavin Newsom continue to crack down on homeless people and steal their property. Here is what you need to know:

The Coalition on Homelessness’ lawsuit is still ongoing, despite what you may hear from city workers. What changed? Due to the Grants Pass Supreme Court ruling, the city may now cite and arrest unhoused folks for lodging on the street without offering shelter first.  Document your experience in detail and contact us.

City Policies

  1. City policy requires 72 hour notice of encampment removals.
  2. The city cannot take any of your property away from you. You have the right to move it out of the noticed sweep zone.
  3. Unattended property must be bagged, tagged, and stored for 90 days.
  4. The city cannot discriminate against you for your disability, and any city actions need to accommodate your disability.

Protect Your Belongings

  1. Photograph your belongings; keep receipts, etc. Document them in any way you can.
  2. Tag your belongings with your contact information to show they’re not abandoned.
  3. If the city tries to take your belongings, including furniture or bedding, try and document the seizure of your property.
  1. Cite Garcia v. Los Angeles, which prohibits the city from seizing and destroying bulky items of homeless folks
  1. There is no limit to the number of carts or belongings you can walk away with from a sweep.

If the city claims that there is a limit to the number of things you can take with you, demand to see their written policy.

When You Encounter Law Enforcement

  1. Remain calm and cool!
  2. Ask for their badge number

Right to Remain Silent

  1. If cops try to question you or ask for ID, ask, "Am I being detained or am I free to go?"
  2. If you are free to go, you may walk away.
  3. If you are being detained, you still do not have to answer any questions.
  4. If you want to be cited out after an arrest, you may need to provide your name, address, and birthday.

Right to an Attorney

  1. If you are arrested, you have the right to an attorney. If you ask for an attorney to be present, cops must stop questioning you.

Your Rights with Cops in Public

Right to be free from searches

  1. If cops are detaining you, they may pat you down for weapons. But they cannot look through your pockets or your things.
  2. If cops want to search you, you should tell them, "I do not consent to this search." It may not stop the search but it may stop them from using things they find against you.
  3. If you are on probation and parole, you still have the same rights to remain silent and to have an attorney if you are arrested. You probably waived the right to be free from searches for the duration of your probation/parole. But do not verbally consent to a search.

What to do if your belongings have been taken by the City

  1. We recommend doing this within 72 hours! When SF police take property from a sidewalk, they are supposed to bring it to the Department of Public Works yard where it is supposed to be held for 90 days, a period specified by law.

DPW Procedure

  1. Items picked up by the DPW are supposed to be bagged & tagged.
  2. DPW will NOT bag wet or mouldy clothing, wet or mouldy bedrolls, or food items (or anything else with health concerns).

The tag on the bagged items should

include:

  • Date and time of the pickup
  • Location of the pickup
  • Name of the owner (if known)
  • Brief description of the contents
  • SFPD badge number (if involved)

To Get Your Belongings Back

  1. The location of the DPW Storage Yard is 2323 Cesar Chavez St. (intersection of Kansas and Marin). Open Monday to Friday 9am to 3pm. Ask the guard at the gate for assistance.
  2. Before going to the yard, be prepared to provide the following information. Without this information, the DPW employees may not be able to help you:
  • Date and time of the pickup
  • Location of the pickup
  • Description of the items
  • SFPD badge number (if one was provided)

If your belongings aren't at the DPW lot or have been destroyed by City workers

  1. Your next option is to file a claim. The claim needs to be filed within 6 months. Take pictures of your belongings (before their confiscation) to file with your claim as well as any witness statements. You can get a claim form at www.sfcityattorney.org/claims/

Violation of your Rights

If you feel your rights have been

violated, please contact the

Coalition on Homelessness

415-346-3740 x316

or visit us at 280 Turk Street

(2nd floor)