Editing Unauthorized Driver Cannot Contest Search
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An individual needs to have standing in order to contest the legality of a warrantless search. Standing can be described as a legal expression regarding the ability of a person or party to be able to show an adequate connection to an incident and sufficient injury from the event to support that person's or parties involvement in the case. For a criminal case involving a search, to show standing, an individual is required to demonstrate injury-in-fact along with a reasonable expectation of privacy. If an individual has a reasonable expectation of privacy, they're going to have standing to challenge the legality of the search. There are totally obvious places where an individual will no doubt have a reasonable expectation of privacy. There is no doubt that a person will have a reasonable expectation of privacy in his bedroom or residence. However, there are some areas that lack a bright line. In the matter of Cooper vs. The State of Florida, the appellate court upheld the lower court's ruling that the defendant did not have standing to contest the search of a rental car driven by the defendant, of which he was neither the renter nor an authorized driver . Defendant lacked a privacy interest since he was not an authorized driver, & accordingly he did not have standing to contest the lawfulness of the search. The court noted that there was no deciding case in Florida on this subject, and there is a split in the federal circuits. The appellate court affirmed, in its decision, the 3rd, 4th, 5th & 10th circuit courts of appeal, that have adopted a general ‘bright-line' rule that barring any extraordinary circumstances, the driver of a rental car that is not authorized by the rental car contract has no reasonable expectation of privacy & as such does not have no standing to challenge a search of the car. For futher information on [http://harpmax45.skyrock.com/3234475121-Sheriff-s-Deputy-is-not-Obligated-to-Predict-Defense-Strategy.html Criminal Defense Attorney ] or <a href=""> Fort Lauderdale DUI Lawyer </a> please contact us at: The Law Offices of Michael A. Dye, PA 1 E Broward Blvd # 700 Fort Lauderdale, FL 33301 (954)990-0525
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