{"id":3121,"date":"2009-12-24T08:02:15","date_gmt":"2009-05-07T05:59:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-05-07T05:59:42","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3121","title":{"rendered":"CA4: Unauthorized driver of rental car has no standing"},"content":{"rendered":"<p>Unauthorized driver of a rental car has no standing to challenge its search. This is an offense against the rental company. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/084793.U.pdf\">United States v. Luster<\/a>, 324 Fed. Appx. 224 (4th Cir. 2009) (unpublished).*  (Note: There is a circuit split. The new edition of the treatise due out at the first of the year explains it all.)<\/p>\n<p>Plaintiff&#8217;s arrest on a warrant in a cop killing case was without probable cause.  He was sought out and arrested primarily to get his gun for ballistic testing, and the gun was determined not to be the murder weapon. Two defendants were involved in getting the warrant and they were not present when the warrant was served, and they were still liable. Merely being related to another suspect is not probable cause. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/07\/07-2254.pdf\">Poolaw v. Marcantel<\/a>, 2009 U.S. App. LEXIS 9483 (10th Cir. May 4, 2009).*<\/p>\n<p>Hotel employee saw a gym bag with a large quantity of cocaine in it in a room. The police were alerted, and they replaced the cocaine with faux cocaine. The police search was no greater than the private search that happened without their prior knowledge. Defendant was arrested after he left the room with the gym bag. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/084447.U.pdf\">United States v. Story<\/a>, 565 F.3d 721 (4th Cir. 2009) (unauthorized).*<\/p>\n<p>Disputed facts remained on whether plaintiff&#8217;s trailer was unreasonably searched without a warrant when a fugitive was arrested outside of the trailer. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/08\/08-60362.0.wpd.pdf\">Reese v. Monroe County Sheriff&#8217;s Dep&#8217;t<\/a>, 327 Fed. Appx. 461 (5th Cir. 2009) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3121\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3121","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3121","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3121"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3121\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3121"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3121"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3121"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}