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Third Circuit: district court erred when it
denied motion to suppress where Defendant had standing to challenge warrantless
search of rental vehicle
While executing a warrant for a hotel
room, officers found car keys. Mr. Montalvo-Flores claimed
that the keys were his, but the vehicle was registered to Enterprise, and Mr.
Montalvo-Flores’s girlfriend was listed on the rental agreement. The officers
received consent to search from Enterprise, and Mr. Montalvo-Flores was
convicted of drug charges after his motion to suppress was denied. The Third
Circuit remanded holding that Mr. Montalvo-Flores had a cognizable Fourth
Amendment interest in the rental car and thus had standing to challenge a
warrantless search of the car, even though he did not have a driver’s license
and he was not listed on the rental agreement, where his girlfriend was listed
on the rental agreement, officers had seen her exchange the car and car keys
with him, Mr. Montalvo-Flores claimed that the car’s keys were his, the car was
parked outside his hotel room, it was locked, and he was observed by police
possessing and operating it. United States v Montalvo-Flores, CA
3, 08-28-23, WL 5521062.
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