{"id":1582,"date":"2008-02-14T12:29:36","date_gmt":"2007-12-06T04:59:06","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-12-06T04:59:06","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1582","title":{"rendered":"Use of a borrowed car for a drug drop lacked any reasonable expectation of privacy"},"content":{"rendered":"

Defendant lacked a reasonable expectation of privacy in a car that he borrowed for a drug drop that he knew others had access to and admitted that he did not care about. United States v. Amaral-Estrada<\/a>, 509 F.3d 820 (7th Cir. 2007):<\/p>\n

Amaral-Estrada failed to manifest any sort of actual or subjective expectation of privacy. Instead, Amaral-Estrada possessed the car for the purposes of transporting contraband, such as the U.S. currency seized from the back seat. His expectations while using the car were that others would enter the vehicle, taking and\/or leaving items therein. Furthermore, when the federal agents asked Amaral-Estrada about the vehicle, Amaral-Estrada denied any knowledge of the car. Amaral-Estrada also testified that he did not care about the bag in the back seat of the Chrysler M300 because it was not his bag and not his car. Under these facts reasonably relied upon by the district court, Amaral-Estrada failed to exhibit any legitimate privacy interest in the Chrysler M300 and therefore lacks standing to challenge the search of the vehicle; therefore we need not address his third issue on appeal as to whether there was probable cause to search the Chrysler M300.<\/p><\/blockquote>\n

Defendant was seen speeding and officers followed. He pulled into a driveway, reached under the seat, and got out of the vehicle and walked away from it. The officers recognized him as having warrants out and stopped him to arrest him. One officer looked in the vehicle and saw a gun in plain view. The vehicle was going to be impounded because it was parked in a driveway that was not defendant’s. The plain view and entry to retrieve the gun was lawful. United States v. Bynum<\/a>, 508 F.3d 1134 (8th Cir. 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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