A driver of a rental car who is not listed on the rental agreement may have standing to challenge a police search of the vehicle if he or she has received permission to use the rental car from the authorized renter. This approach is in accord with precedent holding that indicia of ownership-including the right to exclude others – coupled with possession and permission of the rightful owner are sufficient grounds upon which to find standing. However, since the defendant here failed to show that he received permission from the authorized renter to use the car, the district court properly concluded that he lacked standing to challenge a search of the vehicle.
Case Summaries