{"id":41734,"date":"2020-01-13T00:00:16","date_gmt":"2020-01-13T05:00:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41734"},"modified":"2020-01-13T08:34:34","modified_gmt":"2020-01-13T13:34:34","slug":"ca8-unauthorized-driver-of-a-rental-car-a-person-close-to-the-renter-wasnt-strawman-and-had-standing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41734","title":{"rendered":"CA8: Unauthorized driver of a rental car, a person close to the renter, wasn&#8217;t strawman and had standing"},"content":{"rendered":"<p>Defendant was in a rental car but wasn\u2019t an authorized driver. Nothing suggests a strawman situation, and defendant and the renter had a longstanding relationship. The court finds standing and refuses to entertain overruling prior authority because it isn\u2019t inconsistent with Byrd. On the merits, however, the court affirmed the stop and searches were justified. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/20\/01\/182407P.pdf\">United States v. Bettis<\/a>, 2020 U.S. App. LEXIS 746 (8th Cir. Jan. 10, 2020).<\/p>\n<p>Defendant\u2019s cell phone search argument depended upon his statements being suppressed. But they weren\u2019t and that was affirmed on appeal. United States v. Leyva, 2020 U.S. App. LEXIS 787 (6th Cir. Jan. 9, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was in a rental car but wasn\u2019t an authorized driver. Nothing suggests a strawman situation, and defendant and the renter had a longstanding relationship. The court finds standing and refuses to entertain overruling prior authority because it isn\u2019t inconsistent &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=41734\">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-41734","post","type-post","status-publish","format-standard","hentry","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41734","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=41734"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41734\/revisions"}],"predecessor-version":[{"id":41742,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41734\/revisions\/41742"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41734"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41734"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41734"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}