CA8: Squatters in a condemned building ordered out had no Fourth Amendment claim

Persons residing in a condemned building rousted by the police have no Fourth Amendment complaint against the police who ordered them out, they refused to leave, and were then arrested. Trinity v. Mokwa, 547 F.3d 890 (8th Cir. 2008):

A person who is “wrongfully on the premises” may not object to the legality of a search. Rakas v. Illinois, 439 U.S. 128, 141 & n.9 (1978). Likewise, a person who the police find to be unlawfully occupying a building condemned for occupancy, and who refuses their command to vacate the premises, may not object to the legality of their entry and removal by arrest.

Tenant was already facing eviction proceedings before he committed a murder, and, after the arrest, the landlord removed everything from the premises. The fact the landlord was nice enough to not evict immediately was not enough to create an expectation of privacy when the defendant knew he was to be out ASAP and he did nothing to move out before committing the murder. United States v. Bolden, 545 F.3d 609 (8th Cir. 2008).

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