Seniors and Squalor by Lisa Johnson

Author:Lisa Johnson
Language: eng
Format: epub
Publisher: ABC-CLIO

Figure 4.4   Likelihood of State or Private Party Intrusion Based on the Legal Relationship to Residence

In the case of a homeless, nomadic, and transient person who chooses to live on a private party’s land where no permission has been granted to stay there, a remedy already exists for the private landowner. Specifically, the owner can summon the authorities to remove the person for trespassing. However, violation of a state trespassing law on either public or private lands does not render subordinate the person’s Fourth Amendment rights,55 which means that the person may, in fact, have a reasonable expectation of privacy within his house vis-à-vis the government. When the person lives on public space without permission from the governing body’s authority, the outcomes vary depending on jurisdiction. Some jurisdictions are quite tolerant of such activity, while others are not. That is to say that homeless people in some spontaneous homeless encampments will be left alone by the landowner (the government), while others are removed for trespassing, nothwithstanding any Fourth Amendment claims that may result as a consequence. Figure 4.4 illustrates variations of state or private party intrusion based on the occupant’s legal relationship to the residence.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.