{"id":5921,"date":"2011-12-28T07:56:57","date_gmt":"2011-08-19T11:27:59","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-08-19T11:27:59","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5921","title":{"rendered":"KS: Car rental overdue alone not justification for detention"},"content":{"rendered":"

Fact car rental agreement showed that the car was overdue did not alone provide police justification for detaining the defendant. The officer at least had to inquire of the rental company. [After all, a telephone call by the renter can extend the agreement, and the contract in the car would still show it overdue.] State v. Coleman<\/a>, 257 P.3d 320 (Kan. 2011):<\/p>\n

In addition, Coleman was driving a rental car with an expired rental agreement. Although Tatro should have attempted to verify Coleman’s explanation that he had renewed the agreement by telephone, the expired agreement may have provided another legitimate basis for a temporary detention. Courts in other jurisdictions have examined this question; most have concluded that an expired rental agreement provides at least some grounds for further detention and search, while a few have reached the opposite conclusion. See, e.g., United States v. Masterson, No. 2:08-CR-138, 2009 U.S. Dist. LEXIS 65941, 2009 WL 2365334 (D. Vt. 2009) (unpublished opinion); Burks v. State, 362 Ark. 558, 561-62, 210 S.W.3d 62 (2005); Tanner v. State, 281 Ga. App. 101, 635 S.E.2d 388 (2006); Crenshaw v. State, 248 Ga. App. 505, 510, 546 S.E.2d 890 (2001) (fact that driver was driving a car with an expired rental agreement sufficient in itself to establish an objective reason for believing the driver may have engaged in criminal conduct, justifying detention for canine search); State v. Kruip, No. 07-1675, 2008 Iowa App. LEXIS 515, 2008 WL 2902149 (Iowa App. 2008) (unpublished opinion) (driver’s peculiar travel itinerary combined with an expired car rental agreement created reasonable suspicion of criminal activity; expired agreement created reasonable suspicion that defendant was driving without consent of rental company and may have illegally converted car to her own use); State v. Lewis, 980 So. 2d 251, 260 (La. App. 2008); Madden v. State, 242 S.W.3d 504, 517 (Tex. Crim. App. 2007); Sutton v. State, 2009 WY 148, 220 P.3d 784 (Wyo. 2009); Garvin v. State, 2007 WY 190, 172 P.3d 725 (Wyo. 2007). But see United States v. $93,120.00 in U.S. Currency, No. 8:09-CV-374, 2011 U.S. Dist. LEXIS 34664, 2011 WL 1002766 (D. Neb. 2011) (unpublished opinion) (expired rental car agreement, which driver said he had renewed over the phone, along with travel itinerary including travel from drug-source area to a drug-destination area, and a small amount of visible luggage combined with larger carrier on the top of vehicle and trash about the vehicle did not give police reasonable suspicion for detention and seizure); United States v. Billups, 442 F. Supp. 2d 697, 710-11 (D. Minn. 2006) (detention not justified despite expired rental agreement and request from rental agency that officer impound car; car not reported stolen and officer had already concluded expired agreement was not grounds for detaining driver); Enriquez v. State, 97 Ark. App. 62, 66-67, 244 S.W.3d 696 (2006) (arresting officer gave little weight to expired agreement at time of stop and there were no reports the car was stolen).<\/p>\n

We have no difficulty in agreeing with the district court and the Court of Appeals that the expired rental agreement, in combination with Coleman’s parolee status and the reports that it was likely that Coleman was engaged in drug transportation, provided Tatro with a reasonable suspicion of criminal activity, justifying a temporary detention and allowing further investigation.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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