{"id":22431,"date":"2016-06-03T07:42:32","date_gmt":"2016-06-03T12:42:32","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22431"},"modified":"2016-06-03T07:42:32","modified_gmt":"2016-06-03T12:42:32","slug":"az-driver-of-a-rental-vehicle-but-not-on-the-rental-agreement-but-driving-with-permission-of-renter-can-still-have-standing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22431","title":{"rendered":"AZ: Driver of a rental vehicle but not on the rental agreement but driving with permission of renter can still have standing"},"content":{"rendered":"<p>\u201cFirst, the state argues that Douglas Christian Wasbotten had no standing to challenge a search of a rented vehicle when he was not an authorized driver under the rental agreement. Second, the state argues that the rental truck was properly impounded under A.R.S. \u00a7 28-3511, and the search was a valid inventory search. We hold that a driver of a rental vehicle, driving with the renter&#8217;s permission but not authorized by the rental agreement, is not per se without standing to challenge a search of the vehicle. But we also hold that A.R.S. \u00a7 28-3511, which requires impoundment of a vehicle driven by a person with a suspended or revoked license, does not require that the person be driving at the moment the vehicle is stopped. Shortly before the rental truck in this case was stopped, a renter with an invalid license was observed driving it. The impound and inventory search here were therefore lawful. We reverse the suppression order.\u201d <a href=\"http:\/\/www.azcourts.gov\/Portals\/0\/OpinionFiles\/Div1\/2016\/1CA-CR15-0556.pdf\">State v. Wasbotten<\/a>, 2016 Ariz. App. LEXIS 105 (May 31, 2016).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cFirst, the state argues that Douglas Christian Wasbotten had no standing to challenge a search of a rented vehicle when he was not an authorized driver under the rental agreement. Second, the state argues that the rental truck was properly &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22431\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[34],"tags":[],"class_list":["post-22431","post","type-post","status-publish","format-standard","hentry","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22431","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=22431"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22431\/revisions"}],"predecessor-version":[{"id":22432,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22431\/revisions\/22432"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22431"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22431"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22431"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}