\u201cBecause 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.\u201d 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).<\/p>\n\n\n\n
The search of defendant\u2019s vehicle can\u2019t be justified by search incident under Gant because he wasn\u2019t 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).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cBecause 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 … Continue reading