AZ: Driver of a rental vehicle but not on the rental agreement but driving with permission of renter can still have standing

“First, the state argues that Douglas Christian Wasbotten had no standing to challenge a search of a rented vehicle when he was not an authorized driver under the rental agreement. Second, the state argues that the rental truck was properly impounded under A.R.S. § 28-3511, and the search was a valid inventory search. We hold that a driver of a rental vehicle, driving with the renter’s permission but not authorized by the rental agreement, is not per se without standing to challenge a search of the vehicle. But we also hold that A.R.S. § 28-3511, which requires impoundment of a vehicle driven by a person with a suspended or revoked license, does not require that the person be driving at the moment the vehicle is stopped. Shortly before the rental truck in this case was stopped, a renter with an invalid license was observed driving it. The impound and inventory search here were therefore lawful. We reverse the suppression order.” State v. Wasbotten, 2016 Ariz. App. LEXIS 105 (May 31, 2016).

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