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CA3: Usually driver loaned a rental car from another has no standing, absent extraordinary circumstances

By John Wesley Hall, Jr.

Driver of a car rented by another usually has no reasonable expectation of privacy in the car, unless there are extraordinary circumstances. United States v. Kennedy, 2011 U.S. App. LEXIS 5137 (3d Cir. March 16, 2011): Instead, recognizing that the inquiry must remain “fact-bound,” we concur with the majority of circuits that have considered this factual scenario and conclude that, as a general rule, the driver of a rental car who has been lent the car by the renter, but who is not listed on the rental agreement as an authorized driver, lacks a legitimate expectation of privacy in the car unless there exist extraordinary circumstances suggesting an expectation of privacy. See, e.g., United States v. Seeley, 331 F.3d 471, 472 n.1 (5th Cir...continue to full post

Full post as published by Fourth Amendment on March 18, 2011 (boomark / email).