CA6: No REP in truck driven without authority and probably stolen

Defendant had no reasonable expectation of privacy in a truck that was, for all intents and purposes, stolen from a mentally ill woman who could not remember who it was loaned to or when. Moreover, he denied knowledge of the truck when first confronted about it. “And as pertinent here, ‘a person present in a stolen automobile at the time of the search may [not] object to the lawfulness of the search of the automobile.’ Rakas, 439 U.S. at 141 n.9. ‘No matter the degree of possession and control, the car thief would not have a reasonable expectation of privacy in a stolen car.’ Byrd, 138 S. Ct. at 1529.” United States v. Vance, 2021 U.S. App. LEXIS 33034 (6th Cir. Nov. 4, 2021).

Defendant’s motion to suppress search under a warrant is denied for its generality and failure to provide the warrant and affidavit with the motion. State v. Kaniecki, 2021 Del. Super. LEXIS 651 (Nov. 4, 2021).