Jurors are deliberating in federal court whether homeless citizens’ belongings were illegally taken and thrown away by Sacramento police officers between August 2005 and the present.

The trial, which centers on homeless people’s constitutional rights and their personal belongings, began May 9 at the Sacramento Federal Courthouse at 501 I St.

Plaintiffs attorney Mark Merin represented Linda McKinley, who was homeless in the past, and a group of homeless people in the class-action case against the city of Sacramento, according to court documents.

Merin is a supporter of the Safe Ground group, which presses Sacramento city leaders to designate land for homeless people to live. 

In closing arguments on Wednesday, Merin claimed that city police officers have violated the U.S. Constitution by throwing out homeless citizens’ personal items.

“Nobody got their property back because it was tossed away,” Merin said.

Specifically, Merin has accused the city of violating the 14th Amendment by not giving homeless people sufficient warning that their belongings would be trashed. He also contends that the city has taken homeless citizens’ items in an “unreasonable search and seizure” manner that violates the Fourth Amendment.

Merin claimed in an April 1 court document that the police have taken away and thrown out homeless people’s belongings such as tents, bedding, clothing and medication. Photos and an urn with ashes have also been taken by police, he claimed in the document.

Police officers take items from the homeless when they enforce the city’s ban on overnight camping, he further claimed.

In Judge Morrison England’s courtroom Wednesday, Merin referred to the homeless campground that formed in 2009 and gained immense international media exposure. 

“Tent City developed because there was no place for homeless people to go,” Merin said.

Meanwhile, the city of Sacramento disputes Merin’s claims.

“We don’t feel we violated any of the homeless individuals’ constitutional rights,” Senior Deputy City Attorney Chance Trimm said outside the courtroom.

The city claims that it did not throw out homeless people’s belongings. “Assuming any camping paraphernalia is taken from violators of the city’s camping ordinances, such property is booked and maintained at an evidence collection location by the Sacramento Police Department,” Trimm wrote in an April 1 court brief.

Merin wants the jury to order the city to give back homeless people’s personal items, according to court documents. The plaintiffs also want a court order against the city, and for the city to pay damages and attorney fees.

The Sacramento Press will report on the jury’s verdict when it becomes available. 

Kathleen Haley is a staff reporter for The Sacramento Press.