{"id":49930,"date":"2021-10-15T06:37:06","date_gmt":"2021-10-15T11:37:06","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49930"},"modified":"2021-10-15T06:37:06","modified_gmt":"2021-10-15T11:37:06","slug":"d-kan-def-had-a-loaner-car-loaned-by-a-person-with-no-authority-over-it-no-standing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49930","title":{"rendered":"D.Kan.: Def had a loaner car loaned by a person with no authority over it; no standing"},"content":{"rendered":"\n<p>Defendant had no standing in a car that was loaned to him by another who himself might not have even had standing. Defendant was looking for a car that wasn\u2019t \u201chot,\u201d and he was loaned one by a source that also had no authority to loan him the car. United States v. Rayton, 2021 U.S. Dist. LEXIS 197906 (D.Kan. Oct. 14, 2021).<\/p>\n\n\n\n<p>\u201cAccordingly, Officer Collins&#8217; tone and language choice also support the conclusion that the encounter was consensual. As such, there is no basis to find a Fourth Amendment violation related to this encounter.\u201d The court finds, however, that the situation escalated to the point Miranda warnings were required. United States v. Woolridge, 2021 U.S. Dist. LEXIS 197663 (N.D.Ohio Oct. 14, 2021).*<\/p>\n\n\n\n<p>The search of defendant\u2019s cell phone at O\u2019Hare after a trip to Egypt and Jordan was both by consent and the border search exception. United States v. Almadaoji, 2021 U.S. Dist. LEXIS 197828 (S.D.Ohio Oct. 14, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant had no standing in a car that was loaned to him by another who himself might not have even had standing. Defendant was looking for a car that wasn\u2019t \u201chot,\u201d and he was loaned one by a source that &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=49930\">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":[10,5,24,34],"tags":[],"class_list":["post-49930","post","type-post","status-publish","format-standard","hentry","category-border-search","category-cell-phones","category-consent","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49930","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=49930"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49930\/revisions"}],"predecessor-version":[{"id":49931,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49930\/revisions\/49931"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49930"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49930"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49930"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}