CA8: Passenger in his gf’s rented car driven by yet another had no standing

Defendant was a passenger in a rental vehicle rented by his girlfriend but being driven by a third person. He was not on the rental agreement as a driver or a co-renter. He had no standing. United States v. Russell, 16-1700 (8th Cir. Feb. 1, 2017):

Russell asserts a possessory interest because the sedan was rented by his girlfriend and allegedly operated at his request. A “defendant must present at least some evidence of consent or permission from the lawful owner/renter [of a vehicle] to give rise to an objectively reasonable expectation of privacy.” Muhammad, 58 F.3d at 355. Russell provides no evidence that his girlfriend permitted him to drive the sedan or otherwise exercise any possessory control over it. Id. (holding defendant lacked standing where he “presented no direct evidence that [the lawful renter] had granted him permission to use the vehicle”). Because he did not establish a reasonable expectation of privacy in the sedan, he has no standing to challenge the search. See United States v. Macklin, 902 F.2d 1320, 1330 (8th Cir. 1990) (“[T]o have a legitimate expectation of privacy by way of a possessory interest, defendant must have possession of the vehicle and the keys.”), citing United States v. Rose, 731 F.2d 1337, 1343 (8th Cir.), cert denied, 469 U.S. 931 (1984).