Burbank, CA asked in Admiralty / Maritime, Civil Rights, Constitutional Law and Education Law for California

Q: Is it illegal the shelter I live at just started requiring my personal belongings and persons be searched be4 allowed in

All of a sudden The shelter island that started requiring that all my belongings and my persons be searched by one of their security guards before entering the premises this is my legal residence address on my ID and I have to be searched before I come home that doesn't seem legal to me and furthermore if I'm later than 9:30 it will not allow me in and if I have to go to the store or and get food or something after 9:30 they will not let me back on property till 7am is that also legal thank you

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: I don't think think so. You are a guest of the property owner, who can set whatever limits they want on those persons they allow to reside on their property. You say it is a shelter. So the owners apparently want to assure themselves that no guests can bring any kind of contraband onto their property, and they want to limit the times when people are free to come and go. You are certainly free to leave whenever you like, but if you wish to return it must be during the hours that ownership has decided to allow people to come and go. Apparently all you need to do is make sure you have everything you need before the gates are locked. Of course, you are always free to stay somewhere else.

And it makes no difference that you decided to use their address on your permanent ID. That was your choice, but it does not confer any particular rights by doing so.

Tim Akpinar
Tim Akpinar
Answered
  • Maritime Law Lawyer
  • Little Neck, NY

A: Many facilities do have conditions that they use for safety and security reasons, and the recent pandemic has resulted in some places tightening their rules. Good luck

Tim Akpinar

Maurice Mandel II agrees with this answer

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