To: nickcarraway; Paladin2
Is Gorsuch saying that if someone steals a car, they have property rights over the car, except in the case of the legal owner?
There's no indication that the car was stolen. The renter allowed her fiance to drive (without the owner's permission, granted) the car and he was pulled over for a minor traffic infraction. What reason did they have to search the car? There was no report that the car was stolen or otherwise involved in any other crime.
13 posted on
02/01/2018 2:13:24 PM PST by
Sopater
(Is it not lawful for me to do what I will with mine own? - Matthew 20:15a)
To: Sopater
If the woman who rented the car was driving, would they have had the right to search the car?
To: Sopater
"What reason did they have to search the car?"
I couldn't find the info in the article, but I'd like to know if there were any observations of drug or alcohol use by the police, at the time the vehicle was stopped.
27 posted on
02/01/2018 2:20:24 PM PST by
mass55th
(Courage is being scared to death - but saddling up anyway...John Wayne)
To: Sopater
What reason did they have to search the car? If the driver couldn't produce a rental agreement with him listed as a permissible driver, would that constitute a "reasonable suspicion" that the car was stolen?
I'm not sure I buy into the "It wasn't reported stolen" argument. If the driver had carjacked the vehicle and stuffed the body of the owner in the trunk, there wouldn't be a stolen vehicle report in that case either.
29 posted on
02/01/2018 2:22:35 PM PST by
Alberta's Child
("Go ahead, bite the Big Apple ... don't mind the maggots.")
To: Sopater
She broke her contract with the car rental people. The police pull him over and I’m assuming she is not in the car. All the police would know is some guy is driving this car who has no legal right to do so. I don’t think it is totally unreasonable for them to assume this car might just be stolen. I could see where that might give them probable cause.
34 posted on
02/01/2018 2:24:19 PM PST by
lizma2
To: Sopater
The renter allowed her fiance to drive (without the owner's permission, granted) the car and he was pulled over for a minor traffic infraction. What reason did they have to search the car? There was no report that the car was stolen or otherwise involved in any other crime. Bingo.
Might be a bit trickier if driver clearly knew he was unauthorized to drive and hence, knew he was a trespasser himself and otherwise had no reasonable expectation of anything.
Likewise, if LEO could see it was a rental and asked to see the contract which did not list the driver.
152 posted on
02/01/2018 7:03:27 PM PST by
frog in a pot
(Nancy Pelosi: Home invasion alarm systems violate the rights of burglars.)
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