State v. Picard

Bridgewater, A.C.J.

George A. Picard, Jr., appeals his conviction for first degree arson of the residence where he and his mother lived. We hold that Picard lacks standing to raise a Fourth Amendment claim with regard to seizure of the portable heater used to intentionally burn the residence because he did not have an ownership or possessory interest in the heater, nor did he have a reasonable expectation of privacy in the area of the house where the heater was located. We hold that evidence of planning, overinsurance and opportunity, coupled with expert testimony that a portable heater was…