Two on standing in a rental car

“We find that Guice was, like the driver in Byrd, a driver in lawful possession or control of a rental car and the mere fact that she had retained the vehicle beyond the rental return date does not defeat her otherwise reasonable expectation of privacy. Like the unauthorized driver in Byrd, Guice, as the possessor and driver, would have the expectation of privacy that comes with the right to exclude and would be permitted to exclude third parties from it, such as a carjacker. Byrd at 1528-1529.” State v. Guice, 2024-Ohio-1914 (4th Dist. May 10, 2024).*

Drivers can have standing in rental cars. “But here, aside from the fact that the defendant was driving a car that happened to be a rental, there is no other information regarding whether the vehicle was rented to him or whether he was authorized to drive it as per the rental agreement. Similarly, there was no evidence introduced as to how Lopategui came to be in possession of the vehicle.” United States v. Lopategui-Paoli, 2024 U.S. Dist. LEXIS 90495 (D.P.R. May 14, 2024).*

This entry was posted in Burden of proof, Standing. Bookmark the permalink.

Comments are closed.