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CA7: Unauthorized driver of a rented truck could show no privacy interest to contest its search

By John Wesley Hall, Jr.

Officer had RS for continuing defendant’s detention until a drug dog could arrive. The dog’s positive alert was PC. United States v. Lopez-Gutierrez, 2009 U.S. App. LEXIS 12401 (10th Cir. June 8, 2009) (unpublished).* Defendant driver of a truck rented by another with “no other driver permitted” on the rental contract had no REP in the truck to challenge its search. The stop was valid because he was speeding. United States v. Blount, 2009 U.S. App. LEXIS 12502 (7th Cir. May 27, 2009) (unpublished).* Under the nighttime search rule of Rule 41(e)(2)(A)(ii), a search that starts before 10 p.m. can continue past 10 p.m. without special authorization. United States v. Ming Zhang, 2009 U.S. Dist. LEXIS 48489 (C.D. Cal. June 8, 2009)...continue to full post

Full post as published by Fourth Amendment on June 14, 2009 (boomark / email).