expectation of privacy in rental1227 .pdf
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expectation of privacy in rental
An individual must have standing in order to contest the legality of a warrantless search. Standing
is a legal term regarding the ability of an individual or party to be able to show an adequate
connection to an incident & sufficient damage from an event to support that person's or parties
involvement in the case. In a criminal proceeding involving a search, to establish standing, a
person is required to show injury-in-fact in addition to a reasonable expectation of privacy. An
individual will usually have standing to challenge a search if that self has a reasonable
expectation of privacy & has suffered an injury-in-fact resulting from search.
There are totally obvious places wherein a person will have a reasonable expectation of privacy.
There's no doubt that a person will have a reasonable expectation of privacy in his bedroom or
house. However, there are some areas that don't have a bright line.
The 1st District Court of Appeal recently decided a criminal proceeding on the subject of whether
a defendant had standing to challenge the lawfulness of a search of a rental car when defendant
was not the renter or authorized to driver the vehicle . The defendant didn't have a privacy interest
due to the fact that he was not an authorized driver, and thus he lacked standing to contest the
lawfulness of the search. The district court noted that this was a matter of first impression in the
Florida Courts & also that the federal courts were split. The district court adopted the reasoning
given by the Third, Fourth Fifth and Tenth Federal Circuit Courts that all ruled that a person
driving a rental car, who is not an authorized driver, has no expectation of privacy and does not
have standing to contest a search of the vehicle.
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The Law Offices of Michael A. Dye, PA 1 E Broward Blvd # 700
Fort Lauderdale, FL 33301