TN: Homeless urban camper trespassing in taking over another homeless camp tent had no standing

Defendant found an abandoned tent in a homeless campsite. The owner of the property was complaining to the police about homeless living there. “The record reflects that the Defendant and the others happened upon the tent and began using it without determining who owned the tent and without the owner’s consent. Furthermore, the property on which the tent was located had visible no trespassing signs, and the defense conceded at the suppression hearing that the tent was located on private property upon which no trespassing signs were posted. The Defendant admitted during his police interview that he and the others began using the tent when they saw nobody inside and that he did not know what occurred inside the tent before he began camping there. Likewise, the Defendant stated that it was common for people to enter and to leave tents frequently.” State v. Cool, 2018 Tenn. Crim. App. LEXIS 691 (Sep. 12, 2018).

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