CA4: Def who pled standing gets benefit of Byrd for standing in his rental car but loses on RS

Defendant preserved his Byrd argument that he had standing in the rental car, and he gets the benefit of it. On the merits, the officer had reasonable suspicion: Swisher Sweets cigars, sandwich bags without associated stuff, and just sprayed with air freshener. “Dorsey contends that the totality of the circumstances did not support reasonable suspicion. The facts articulated by Swaringer were as follows: the odor of recently sprayed air freshener, several packages of a brand of cigars often used to smoke marijuana, a supply of plastic baggies, the lack of a rental car contract, and the lack of a valid license. While the first three facts were innocent on their face, Swaringer testified that they were items frequently used in connection with drug trafficking. Specifically, Swaringer stated that the air freshener smelled as though it had been ‘just sprayed, possibly attempting trying to mask an unknown odor.’ He further averred that Swisher Sweet cigars are ‘normally common used in the smoking of marijuana’ and that it ‘stood out as odd as to why someone would pack their glove box with sandwich baggies,’ when there was no evidence of “bread, sandwich meat, cheeses or anything like that inside the vehicle.’ We find that the totality of the circumstances would eliminate a substantial portion of innocent travelers and that the totality of Dorsey’s conduct was indicative of ‘more sinister behavior.’” United States v. Dorsey, 2018 U.S. App. LEXIS 21340 (4th Cir. Aug. 1, 2018).