{"id":27382,"date":"2017-05-31T09:01:31","date_gmt":"2017-05-31T14:01:31","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=27382"},"modified":"2017-05-31T09:01:31","modified_gmt":"2017-05-31T14:01:31","slug":"m-d-fla-unauthorized-driver-of-rented-car-with-suspended-dl-had-no-rep-in-car-even-if-driving-with-permission-of-renter","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=27382","title":{"rendered":"M.D.Fla.: Unauthorized driver of rented car with suspended DL had no REP in car even if driving with permission of renter"},"content":{"rendered":"<p>Defendant had a subjective reasonable expectation of privacy in a rental vehicle he was driving with permission of the renter and potentially the implicit permission of the rental company because he was seen in it by them. [Whether they knew the details isn\u2019t given.] However, his having a suspended license is determinative. The rental company could have taken it back.  United States v. Everett, 2017 U.S. Dist. LEXIS 81628 (M.D. Fla. April 19, 2017), adopted, 2017 U.S. Dist. LEXIS 81039 (M.D. Fla. May 26, 2017).<\/p>\n<p>Plaintiffs sued over state court actions, and the District Court found that the Younger exception for harassment and bad faith were not proved. Nothing in the record supports the exception. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/16\/16-3284.pdf\">Schwab v. Kansas<\/a>, 2017 U.S. App. LEXIS 9187 (10th Cir. May 26, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant had a subjective reasonable expectation of privacy in a rental vehicle he was driving with permission of the renter and potentially the implicit permission of the rental company because he was seen in it by them. [Whether they knew &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=27382\">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":[45,18],"tags":[],"class_list":["post-27382","post","type-post","status-publish","format-standard","hentry","category-45","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27382","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=27382"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27382\/revisions"}],"predecessor-version":[{"id":27383,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27382\/revisions\/27383"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=27382"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=27382"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=27382"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}