Noting a conflict in the circuits, this court holds that an unauthorized driver of a rented car can\u2019t show standing. United States v. O’Hara, 2013 U.S. Dist. LEXIS 114201 (D. Nev. May 20, 2013)*:<\/p>\n
In this case, it is uncontroverted that Emily Samples, the renter of the vehicle, was not present during the stop. She was Sean Deaver’s girlfriend. Deaver was one of the occupants of the vehicle when the officers responded to this call. Deaver was not given the keys and there is no testimony that he had permission to use the rental car from Samples. In fact, he was not aware, until police recovered the keys from the car, that they had been left in the vehicle. O’Hara has not established that he has standing to directly challenge the search of the rental car. However, the court finds O’Hara has standing to challenge his initial detention and subsequent arrest, and to seek suppression under the fruit of the poisonous tree doctrine.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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