Owner of car can consent over objection of bailee

The owner of a car can consent to a search of it over the objection of a bailee who just borrowed it. The bailee’s rights are subordinate. Grigsby v. Commonwealth, 2007 Ky. App. LEXIS 429 (November 9, 2007):

“An owner who allows another person to use his automobile retains ownership and the right to reclaim possession of the vehicle at will. While a bailee may have an expectation of privacy in the borrowed vehicle, that privacy interest is subordinate to the owner’s right to his vehicle and right to reclaim possession of the vehicle at any time.” quoting Hardy v. Commonwealth, 17 Va. App. 677, 681, 440 S.E.2d 434, 437, 10 Va. Law Rep. 871 (1994).

The state failed to prove theft, and the property confiscated it refused to return. The defendant was entitled to its return. State v. Agee, 274 Neb. 445, 741 N.W.2d 161 (2007):

In this case, the State argued to the district court that much of the property was stolen. We agree that stolen property should be returned to its rightful owner. In most cases, the theft of the property will be substantiated by the findings underlying a criminal conviction. But here, the charges had been dismissed. The State had seized property from Agee, and he was presumably entitled to its return once the proceedings were concluded, but the State did not overcome that presumption by presenting evidence of a cognizable claim or right of possession adverse to Agee’s. Nor was the property contraband per se, which may not be returned because its possession is inherently unlawful. Nor did the State present evidence of any of the other grounds that have been used to justify the government’s retention of property, such as an ongoing investigation, a tax lien, an imposed fine, or an order of restitution.