{"id":5299,"date":"2011-06-26T09:53:40","date_gmt":"2011-03-18T00:26:07","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-03-17T12:40:38","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5299","title":{"rendered":"CA3: Usually driver loaned a rental car from another has no standing, absent extraordinary circumstances"},"content":{"rendered":"

Driver of a car rented by another usually has no reasonable expectation of privacy in the car, unless there are extraordinary circumstances. United States v. Kennedy<\/a>, 638 F.3d 159 (3d Cir. 2011):<\/p>\n

Instead, recognizing that the inquiry must remain \u201cfact-bound,\u201d we concur with the majority of circuits that have considered this factual scenario and conclude that, as a general rule, the driver of a rental car who has been lent the car by the renter, but who is not listed on the rental agreement as an authorized driver, lacks a legitimate expectation of privacy in the car unless there exist extraordinary circumstances suggesting an expectation of privacy. See, e.g., United States v. Seeley<\/a>, 331 F.3d 471, 472 n.1 (5th Cir. 2003) (per curiam) (finding that driver of rental car lacked standing where he was not the renter or authorized driver); United States v. Wellons<\/a>, 32 F.3d 117, 119 (4th Cir. 1994) (holding that unauthorized driver of rental car who had been given permission to drive by co-defendant, an authorized driver, lacked standing); United States v. Roper<\/a>, 918 F.2d 885, 887-88 (10th Cir. 1990) (defendant lacked standing where car he was driving was rented by co-defendant\u2019s common law wife and he was not listed as additional driver in rental contract); cf. United States v. Smith<\/a>, 263 F.3d 571, 586 (6th Cir. 2001) (noting that \u201cas a general rule, an unauthorized driver of a rental vehicle does not have a legitimate expectation of privacy in the vehicle\u201d but nevertheless finding that the defendant had standing in light of the \u201ctruly unique\u201d facts of that case).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-5299","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5299","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=5299"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5299\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5299"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5299"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5299"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}