Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

E.D.Tenn.: Court raises standing sua sponte and holds passenger in a rental car had no standing

By John Wesley Hall, Jr.

The parties did not raise the question of standing, but the court does sua sponte, and it finds that defendant lacks standing as a passenger in a rental car. “In the present case, the Defendant was a passenger in a Hertz rental car. It is undisputed that the driver ... was the only authorized driver on the rental agreement. Accordingly, the Court finds that the Defendant does not have a legitimate expectation of privacy in the rental car and, therefore, lacks standing to challenge the inventory search thereof.” Defendant’s claim that the officers should have released the car to her also fails, just in case there was standing. United States v. McCalebb-Pippens, 2010 U.S. Dist. LEXIS 74767 (E.D. Tenn. May 24, 2010).* Defendant’s PO had reasonable suspicion to search him in connection with a murder...continue to full post

Full post as published by Fourth Amendment on July 28, 2010 (boomark / email).