CA8: Unauthorized driver of a rental car, a person close to the renter, wasn’t strawman and had standing

Defendant was in a rental car but wasn’t an authorized driver. Nothing suggests a strawman situation, and defendant and the renter had a longstanding relationship. The court finds standing and refuses to entertain overruling prior authority because it isn’t inconsistent with Byrd. On the merits, however, the court affirmed the stop and searches were justified. United States v. Bettis, 2020 U.S. App. LEXIS 746 (8th Cir. Jan. 10, 2020).

Defendant’s cell phone search argument depended upon his statements being suppressed. But they weren’t and that was affirmed on appeal. United States v. Leyva, 2020 U.S. App. LEXIS 787 (6th Cir. Jan. 9, 2020).*

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