M.D.Fla.: Borrower of a rental car with a suspended DL has no standing

“Because the Eleventh Circuit has not yet addressed this issue, the Court has carefully considered the reasoning of the Lyle and Bettis cases and concludes, in line with the Second Circuit, that the unlicensed driver of a rental car should have no reasonable expectation of privacy in the vehicle, and therefore does not have standing to challenge a search.” Even if he did, the stop and search of the car was justified on the merits. United States v. Cohen, 2020 U.S. Dist. LEXIS 195311 (M.D. Fla. Oct. 21, 2020).

The search of defendant’s vehicle can’t be justified by search incident under Gant because he wasn’t with it. Instead, the search is justified by the plain view later when a gun was seen and the automobile exception. Alternatively, it is justified as a protective weapons search. United States v. James, 2020 U.S. Dist. LEXIS 195215 (W.D. Mo. Aug. 31, 2020).*

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