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CA4: No REP in an unauthorized driver of rental car

By John Wesley Hall, Jr.

Fourth Circuit holds, in light of its prior authority, that a driver not authorized by the rental company has no reasonable expectation of privacy in the rental car, recognizing a conflict in the circuits. United States v. Mincey, 2008 U.S. App. LEXIS 25508 (4th Cir. November 24, 2008) (unpublished).* In responding to a 911 call, it was reasonable for the police to walk up to the one vehicle in the vicinity to see what was going on. United States v. Fields, 2008 U.S. Dist. LEXIS 102625 (N.D. Ind. December 18, 2008).* Defendant IRS agents were sued under Bivens for $2,000 that disappeared between the seizure in plaintiff's house and the bank where it was deposited. The motion to dismiss was denied because plaintiff was not obligated to pursue a Federal Tort Claims Act action first...continue to full post

Full post as published by Fourth Amendment on December 21, 2008 (boomark / email).