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CA4: Unauthorized driver of rental car has no standing

By John Wesley Hall, Jr.

Unauthorized driver of a rental car has no standing to challenge its search. This is an offense against the rental company. United States v. Luster, 2009 U.S. App. LEXIS 9549 (4th Cir. May 4, 2009) (unpublished).* (Note: There is a circuit split. The new edition of the treatise explains it all.) Plaintiff's arrest on a warrant in a cop killing case was without probable cause. He was sought out and arrested primarily to get his gun for ballistic testing, and the gun was determined not to be the murder weapon. Two defendants were involved in getting the warrant and they were not present when the warrant was served, and they were still liable. Merely being related to another suspect is not probable cause. Poolaw v. Marcantel, 2009 U.S. App. LEXIS 9483 (10th Cir...continue to full post

Full post as published by Fourth Amendment on May 07, 2009 (boomark / email).