Defendant lacks standing to challenge search of rental van he was driving where he is not authorized renter or driver of vehicle

SEARCH & SEIZURE United States v. Worthon, No. 07-3122, ___ F.3d ___ (10th Cir. Apr. 1, 2008)(Kansas). Appeal of conviction for possession of marijuana with intent to distribute by challenging district court’s denial of motions to suppress evidence found during highway traffic stop. HELD: Defendant lacked standing to challenge search of duffle bags found in van he was driving because van was rental vehicle and he was not named on rental agreement as renter or authorized driver and made no showing that any arrangement had been made with rental company that would have allowed him to drive vehicle legitimately. Because defendant was not in lawful possession of vehicle, he had no legitimate expectation of privacy in searched areas. Read the opinion here.