{"id":55716,"date":"2023-08-29T10:23:13","date_gmt":"2023-08-29T15:23:13","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55716"},"modified":"2023-08-29T10:23:13","modified_gmt":"2023-08-29T15:23:13","slug":"ca3-defs-possession-of-rental-car-with-renters-permission-gave-standing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55716","title":{"rendered":"CA3: Def&#8217;s possession of rental car with renter&#8217;s permission gave standing"},"content":{"rendered":"\n<p>\u201cChristopher Montalvo-Flores moved to suppress evidence the Government obtained in its search of his girlfriend&#8217;s rental car. The District Court denied his motion, holding that he failed to show he had a reasonable expectation of privacy in that vehicle. We disagree, as unrebutted evidence shows Montalvo-Flores had possession and control of the car with his girlfriend&#8217;s permission.\u201d <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/221752p.pdf\">United States v. Montalvo-Flores<\/a>, 2023 U.S. App. LEXIS 22586 (3d Cir. Aug. 28, 2023).<\/p>\n\n\n\n<p>Defendant\u2019s stop for driving on a suspended liceense was valid. State v. Wood, 2023-Ohio-2973 (2d Dist. Aug. 25, 2023).*<\/p>\n\n\n\n<p>The affiant\u2019s knowledge defendant was seeking child pornography on the darkweb showed nexus to his home internet. The affidavit is viewed for what it contains, not what it omits. United States v. Kneubuhler, 2023 U.S. Dist. LEXIS 150072 (N.D. Ga. Aug. 3, 2023),* adopted, 2023 U.S. Dist. LEXIS 148827 (M.D. Fla. Aug. 24, 2023).*<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not making a Fourth Amendment challenge that would have clearly failed. State v. Mabior, 314 Neb. 932 (Aug. 25, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cChristopher Montalvo-Flores moved to suppress evidence the Government obtained in its search of his girlfriend&#8217;s rental car. The District Court denied his motion, holding that he failed to show he had a reasonable expectation of privacy in that vehicle. We &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55716\">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":[23,38,35,34],"tags":[],"class_list":["post-55716","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-nexus","category-reasonable-suspicion","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55716","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=55716"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55716\/revisions"}],"predecessor-version":[{"id":55717,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55716\/revisions\/55717"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55716"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55716"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55716"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}