MO: No standing in a stolen RV being lived in

Defendant had no reasonable expectation of privacy in a stolen RV he was living in, that apparently he stole. This is a form of Rakas “wrongful presence.” State v. Woodrome, 2013 Mo. App. LEXIS 1040 (September 10, 2013):

Here, the RV trailer in which Woodrome had been living was stolen property. In fact, the evidence presented at trial created a strong inference that Woodrome and his girlfriend actually stole the RV trailer themselves.2 In any event, at Woodrome’s suppression hearing, Woodrome did not testify or present any evidence, while the State produced evidence that the trailer was stolen property. Because Woodrome did not satisfy his burden of establishing that he had a reasonable expectation of privacy in a stolen RV trailer,3 he had no resulting expectation of privacy in the curtilage area surrounding the stolen RV trailer. Accordingly, he can make no claim that his rights were violated on Fourth Amendment grounds by the officers’ cursory examination of the vehicles on the rented RV lot or their subsequent seizure of those vehicles. Therefore, regardless of whether the VIN numbers and other indicia of theft noted by the officers were in plain view when they were at the RV park to execute arrest warrants for Woodrome and Shankle, Woodrome can make no claim that the evidence obtained from property searched and seized by the officers should have been suppressed at his trial. Simply put, Woodrome cannot claim that he was aggrieved by a search of stolen property that, coincidentally, he did not own.